This issue of the Legislative Update covers final legislative
action of the General Assembly for the session that ended in
June. It does not cover all legislation passed, but features
those bills most significantly affecting the practice of law
in the areas listed. This report is intended to provide a brief
synopsis of each piece of legislation. Please refer to the actual
text of the legislation for detailed provisions.

Requests for Legislation

When requesting legislation, please refer to the
Act number. Please direct requests for legislation to Mark Smither,
South Carolina Bar, P.O. Box 608, Columbia SC 29202. (803) 799-6653.
Fax: (803) 799-4118. Bar members can also request legislation
by e-mailing msmither@scbar.org.
There will be a charge for any requests exceeding 30 pages ($.10
per page).

General Assembly and South Carolina Code of
Laws

Online legislation and regulations are available
at www.scstatehouse.net.
The South Carolina Code of Laws is available at this site as
well as through www.scbar.org.

Administrative
and Regulatory

Administrative Law Court, Motor Vehicles
Division.Act
No. 381 (R422, H4671) contains numerous
provisions revising the authority and procedures of the Administrative
Law
Court’s Division of Motor Vehicles. Portions relating to
the weighing of vehicles take effect September 11, 2006. Remaining
portions take effect on June 13, 2006.

Charity gaming.Act
No. 359 (R415, H4419) amends § 12-21-4190
to reduce the amount of bingo charges retained by the Dept. of
Revenue from 16.5 cents to 10 cents for each dollar of face value
for each card sold for AA, B, D and E licenses and to establish
a four cent charge for each dollar of face value for cards sold
for C licenses; and amends § 12-21-4200 to provide that
the portion of revenue generated from the licensure and regulation
of bingo which is dedicated to the Division on Aging must not
be less than $600,000 annually. Effective July 1, 2006.

Charity
gaming.Act
No. 357 (R411, H3949) amends § 12-21-4190
to reduce the amount of bingo charges retained by the Dept. of
Revenue from 16.5 cents to 10 cents for each dollar of face value
for each card sold for AA, B, D and E licenses and to establish
a 4 cent charge for each dollar of face value for cards sold
for C licenses; and amends § 12-21-4200 to provide that
the portion of revenue generated from the licensure and regulation
of bingo which is dedicated to the Division on Aging must not
be less than $600,000 annually. Effective July 1, 2007.

Community
Domestic Violence Coordinating Councils.Act
No. 366 (R434, H4831) amends § 43-1-260 to provide that the circuit
solicitor, rather than DSS, shall facilitate the development
of the Community Domestic Violence Coordinating Councils in each
county or judicial circuit, to add a representative of DSS to
the recommended participants on the councils, and to provide
that members on such councils shall establish memoranda of agreement
among and between these members; and adds § 22-3-546 so
as to authorize a circuit solicitor, in a circuit with five or
more counties, to establish and direct a program to prosecute
first offense misdemeanor criminal domestic violence offenses
and to require the solicitor to report the results of the program
to the Prosecution Coordination Commission. Effective June 9,
2006.

Concealable weapons permit. Act
No. 347 (R390, S1261) amends § 23-31-210,
relating to the issuance of concealable weapons permits, to provide
a definition for the terms “qualified nonresident” and “proof
of ownership of real property,” and to revise the definition
of the term “picture identification”; amends § 23-31-215
to provide that SLED must issue a permit to carry a concealable
weapon to a resident or qualified nonresident upon proper application,
to provide that a qualified nonresident may submit proof of ownership
of, or provide SLED with the address for, real property he owns
in this state to satisfy the proof of residence requirement,
to provide that SLED must conduct a background check of a qualified
nonresident through the sheriff of the county where he owns real
property in this state, and to revise the provisions that provide
for the revocation and renewal of a permit; and amends § 23-31-520
to revise the types of firearms subject to regulation and to
provide that a local government may not confiscate a firearm
or ammunition unless incident to an arrest. Effective June 9,
2006.

Construction permits.Act
No. 329 (R364, S1346) adds § 48-1-115
to provide that DHEC shall provide public notice prior to the
issuance of a construction permit for a facility that stores
sludge or other residuals and that is not located at the site
of a permitted wastewater or sludge treatment facility. Effective
June 2, 2006.

Criminal Domestic Violence Study Committee.Rat.
No. 251 (H4513) extends the time the CDV Study Committee has
to report its findings
from February 15, 2006, to June 1, 2006. Effective March 15,
2006.

Dissolution of special purpose districts.Act
No. 343 (R449, S1427) amends § 4-11-290 to revise the conditions
and requirements under which a special purpose district may be
dissolved and to
allow and provide a method for a district to be dissolved if
the district has outstanding indebtedness payable from revenues
derived from the provision of one or more governmental services.
Effective June 10, 2006.

DHEC.Act
No. 307 (R328, S1263)
adds § 44-1-165
to establish within DHEC a program to provide a voluntary expedited
process
for review of permit applications; to require the Department
to promulgate regulations for the administration of the program,
including expedited process application fees; to create a pilot
program to test and evaluate the economic and administrative
benefits of a statewide review program; and to create an expedited
review fund through the imposition of the expedited process application
fees and provide for the administration and use of this fund.
Effective May 24, 2006.

DHEC rulings.Act
No. 364 (R426, H4692) amends § 44-1-150
to provide that violations of rulings and orders, among other
things, issued pursuant to the DHEC’s general authority
provided for in § 44-1-140 are subject to a civil penalty
not to exceed $1,000 per day for each violation, provide that
DHEC shall submit these fines to the State General Fund and provide
an exception for fines levied for control of industrial plants
or areas regulated by the S.C. Occupational Health and Safety
Act; and amends § 44-7-3440, relating to the requirement
that hospital personnel and trainees wear identification badges,
so as to further specify that first or last names and initials
may be used on such badges. Effective June 9, 2006.

Flags flown
at half-staff.Act
No. 262 (R261, H4319) amends § 10-1-161
to provide when flags which are flown atop the State Capitol
Building must be flown at half-staff, when the Governor may order
the flags flown at half-staff and the procedure for raising and
lowering flags flown at half-staff. Effective March 29, 2006.

Funeral services.Act
No. 391 (R346, H4965) adds § 16-17-525
to make it unlawful for a person to willfully, knowingly or maliciously
disturb or interrupt a funeral service and to make it unlawful
to undertake an activity at a cemetery, other than decorous participation
in a service or visitation at a burial space and to provide penalties.
Effective June 14, 2006.

Judicial review of administrative decisions.Act
No. 387 (R398, H3285) amends various Code sections to provide
for the review
of administrative decisions and orders made by certain governmental
bodies and agencies in certain circumstances, including the State
Human Affairs Commission, State Employee Grievance Committee,
Department of Agriculture, Commission for the Blind, Commissioner
of Agriculture, State Crop Pest Commission, Director of Livestock-Poultry
Health Department of Clemson University, DHEC, State Ports Authority,
Division of Aeronautics, State Board of Education, Commission
on Higher Education and Coastal Zone Management Appellate Panel,
by an ALJ with the decisions appealed to the SC Court of Appeals;
provides that a final decision of an ALJ involving DHEC may be
appealed as a matter of right to the S.C. Court of Appeals and
to provide exceptions. Effective July 1, 2006 and applies to
any actions pending on or after that date. No pending or vested
right, civil action, special proceeding or appeal of a final
administrative decision exists under the former law as of that
date, except for appeals of DHEC Ocean and Coastal Resource Management
and Environmental Quality Control permits that are before the
Administrative Law Court on July 1, 2006. For those actions only,
DHEC shall hear appeals from the ALJs in accordance with the
former law. Thereafter, any appeal of those actions shall proceed
as provided in this act for review. For all other actions pending
on July 1, 2006, the action proceeds as provided in this act
for review.

Law Enforcement Training Council established.Act
No. 317 (R311, H3977) adds Chapter 23 to Title 23 to establish
the Law Enforcement
Training Council, to establish a program of training for law
enforcement officers and other persons employed in the criminal
justice system and to provide that the council shall oversee
the activities of the South Carolina Criminal Justice Academy;
amends various Code sections to update language to conform to
these changes; and repeals Article 9, Chapter 6, Title 23, relating
to the Department of Public Safety’s Division of Training
and Continuing Education. Effective May 30, 2006.

Office of Regulatory
Staff.Act
No. 393 (R355, S766) amends § 58-23-40
to prohibit a motor vehicle carrier from advertising or holding
out as an operator for the transportation of persons or property
without first having obtained a certificate from the Office of
Regulatory Staff; amends § 58-23-80 to extend the penalties
for violations relating to regulation of motor carriers with
respect to the Office of Regulatory Staff to make it unlawful
for corporate officers, agents, employees or other persons advertising
as a passenger carrier, or as a carrier of household goods or
hazardous waste for disposal, to violate or aid or abet a violation
of motor carrier regulations or the certification and registration
requirements for motor carriers, respectively, to impose criminal
penalties for violations and to provide that these new offenses
must not be charged more than once for a single load. Effective
June 14, 2006.

Prescription Monitoring Act.Act
No. 396 (R406, H3803) adds Article 15, Chapter 53, Title 44 to
enact the Act.
Authorizes DHEC’s
Bureau of Drug Control to establish a program to monitor the
prescribing and dispensing of schedule II-IV controlled substances
by professionals licensed to do so, to provide the manner and
procedures under which these professionals are to provide such
information to DHEC, to provide for the use, confidentiality
and authorized disclosure of this information and to provide
criminal penalties for violations related to reporting requirements
and for improper disclosure of such information; and amends § 44-53-360
to provide that prescriptions for controlled substances in schedules
II-IV must not exceed a 31 day supply, to provide that prescriptions
for schedule V controlled substances must not exceed a 90 day
supply and to provide that a pharmacist or practitioner does
not have a duty to obtain information from the prescription monitoring
program and is not liable for obtaining or not obtaining such
information. Effective June 14, 2006.

Public Service Commission
and Regulatory Staff.Act
No. 318 (R321, S1082) amends
various Code sections, all relating to various
powers, duties and functions of the Public Service Commission,
to conform these provisions to Act 175 of 2004, which created
the Office of Regulatory Staff and which, among other things,
devolved certain powers, duties and functions of the Commission
upon this office and which provided for certain shared responsibilities
between the Commission and this office, and in conforming the
provisions contained in this Act with Act 175 of 2004, further
clarifies and specifies the powers, duties and responsibilities
of the Public Service Commission and the Office of Regulatory
Staff; and repeals §§ 58-5-280, -9-840, -11-590 and
-27-60, all relating to certain powers of the Public Service
Commission. Effective May 24, 2006.

Retirement Systems Investment
Commission.Act
No. 264 (R278, S1094) adds § 9-16-370
to provide that the state shall defend the members and past members
of the Retirement System Investment
Commission and commission officers and management employees against
a claim or suit based on the performance of their official duties,
to require the state to indemnify them for a loss or judgment
incurred by them in their official or individual capacities;
amends § 9-1-1310 to provide for additional investments
for the funds of the various state retirement systems; amends § 9-1-1340
to conform the conflict of interest provisions of the Retirement
System Investment Commission to those of the National Guard Retirement
System; amends § 9-10-60 to conform the responsibilities
of the State Budget and Control Board with respect to the National
Guard Retirement System to the manner of operation of the other
state retirement systems and to delete redundant provisions;
and amends § 9-16-360 to further define “indirect
interest” and to allow the Retirement System Investment
Commission to waive the standards of conduct for certain fiduciaries
by contract. Effective May 2, 2006.

State health and dental insurance
plans eligibility extended to employees of various organizations.Act
No. 316 (R296, S489) amends § 1-11-720 to allow the employees,
retirees and their dependents of the Children’s Trust Fund,
a residential group facility meeting certain requirements, a
federally qualified
health center, county First Steps partnership and Palmetto Pride
to participate in the state health and dental insurance plans.
Effective May 31, 2006.

Temporary permits for
sale of beer and wine.Act
No. 259 (R273, H4421) amends § 61-6-2010
to provide that temporary permits for the sale of beer and wine
for off-premises consumption which
have been authorized to be issued in a county or municipality
pursuant to a referendum provided for at that time may continue
to be issued or reissued without the requirement of a further
referendum. Effective April 8, 2006.

Appropriations bill, 2006-2007.Act
No. 397 (R432, H4810) provides the South Carolina state
budget for fiscal year 2006-2007; provides revenues; regulates
the expenditure of such funds; and further provides for the
operation of state government during the fiscal year and for
other purposes. Applies to the fiscal year beginning July 1,
2006.

2004-2005 surplus revenues appropriated.Rat.
No. 240 (S1026) appropriates money from the 2004-2005 budget
surplus, including the allocation of some funds to the State
Dept. of Education for parts and fuel for the school bus fleet.
Effective March 20, 2006.

Breastfeeding.Act
No. 269 (R289, H4347) adds § 20-7-97
and amends § 16-15-130 to allow a woman to breastfeed her
child in any location where the mother and child are authorized
to be and to provide that such an act is not indecent exposure.
Effective May 2, 2006.

First Steps to School Readiness
Act.Rat.
No. 226 (S947) reauthorizes the SC First Steps to School
Readiness Act until July 1, 2013.
Effective February 21, 2006.

Infants voluntarily left at hospital.Act
No. 362 (R424, H4678) amends § 20-7-85 to include a
law enforcement agency, a fire station, an emergency medical
services station and a staffed
house of worship in the list of places a parent may leave or
direct to leave an infant and receive immunity; to include these
locations, as well as hospitals, in the definition of “safe
haven”; to provide that such immunity attaches when an
infant is left in the physical custody of a staff member or employee
of a safe haven; and to provide that a law enforcement agency,
fire station, emergency medical services station or a house of
worship must transport an infant to a hospital when the infant
is left at such a location. Effective June 12, 2006.

Interstate
Compact for Juveniles.Act
No. 305 (R325, S1154)
adds Sub-Article 22 to Article 30, Chapter 7, Title 20 so as
to enact
the Compact which, among other things, provides for an independent
compact operating authority to administer ongoing compact activity,
gubernatorial appointments of representatives for all member
states on a national governing commission, rule-making authority,
a mandatory funding mechanism sufficient to support essential
compact operations and collection of standardized information;
and repeals, upon formation of the “Interstate Compact
for Juveniles,” Sub-Article 21, Article 30, Chapter 7,
Title 20, relating to the Interstate Compact on Juveniles. Effective
upon the formation of the “Interstate Compact for Juveniles.”

Tobacco
products.Act
No. 231 (R224, S384) amends § 16-17-500
to also apply to distributing to and purchasing for minors any
tobacco product; to provide that it is unlawful to sell a tobacco
product to an individual who does not present proof of age; to
provide that it is a defense to reasonably rely on the proof
of age an individual provides; to provide that it is unlawful
to sell a tobacco product through a vending machine unless the
location is only open to individuals over 18 or unless the vending
machine is under continuous control by the owner and to increase
fines for violations; to provide that it is unlawful for an individual
under 18 years of age to purchase or possess, or attempt to purchase
or possess, a tobacco product or to offer fraudulent proof of
age for the purpose of purchasing or possessing a tobacco product;
to provide that a violation by a minor is a non-criminal, civil
violation and, in lieu of imposing a fine, a minor may be required
to attend a smoking cessation program or perform community service;
to provide that a minor’s driving privileges may be delayed
or restricted if the minor fails to pay the fine or complete
an alternative requirement; to provide that a uniform traffic
ticket may be used for citing a violation by a minor; to require
law enforcement to notify the minor’s parents of the violation;
to place jurisdiction of these cases only in the municipal and
magistrate’s courts; and to require retail establishments
selling tobacco products to train its employees regarding unlawful
sales to minors; and amends § 16-17-501 to further define “proof
of age” and delete the provisions disbursing fines collected.
Effective August 21, 2006.

Unborn Victims of Violence Act.Act
No. 325 (R358, S1084) adds § 16-3-1083
to provide that a person who commits a violent crime that causes
the death of, or injury to, a child in utero is guilty of a separate
offense and that the person must be punished as if the death
or injury occurred to the unborn child’s mother; to specify
certain elements that are not required to be proven; to provide
that the person must be punished for murder or attempted murder
if the person intentionally killed or attempted to kill the unborn
child; to prohibit imposing the death penalty for an offense
prosecuted pursuant to this section; to prohibit the prosecution
of a person for conduct related to an abortion if proper consent
was obtained or related to medical treatment of a pregnant woman
or her unborn child; and to prohibit the prosecution of a woman
with respect to her unborn child. Effective June 2, 2006.

Property Tax Reform Bill.Rat.
No. 418 (H4450) proposed constitutional amendment to provide that
taxes upon real property
must be assessed
in accordance with the methods provided in Article X of the state
Constitution; to amend Section 6 of Article X to provide that
the General Assembly shall establish a method of valuation for
assessment of real property within the state; and to provide
that the General Assembly by law shall provide for the terms,
conditions and procedures to implement the above provisions.
Effective June 7, 2006.

Slum clearance and redevelopment.Rat.
No. 453 (S1031) proposed constitutional amendment to provide
that private property must
not be condemned by eminent domain for any purpose or benefit
including, but not limited to, the purpose or benefit of economic
development, unless the condemnation is for public use, except
that in the instance of the exercise of eminent domain for
the limited purpose of remedying blight, the General Assembly
may
provide for the private use of condemned property under certain
conditions; and proposing amendments to Article I, Section
17 and Article XIV, Section 5 to delete provisions relating to
treason
and the exercise of the powers of eminent domain by or within
Sumter, Cherokee, Spartanburg, York, Florence, Greenville,
Charleston, Richland and Laurens counties. Effective June 14,
2006.

Notice and Opportunity to Cure Non-Residential Construction
Defects Act.Act
No. 371 (R442, S807) adds Article 3 to Chapter
11, Title 40 to define various terms and to provide procedures
for the right to cure nonresidential construction defects before
a civil action or other remedy provided by law or contract may
be instituted or continued. Effective June 9, 2006.

Competitive Cable Services Act.Act
No. 288 (R314, H4428)
enacts the Act. Adds § 58-12-5 to provide for a legislative
purpose, findings and preemption in regard to cable service and
designate it as Article 1, Chapter 12 of Title 58; designates § 58-12-10
through § 58-12-130 as Article 2 of Chapter 12 of Title
58; and amends Chapter 12 of Title 58 by adding Article 3 to
provide for state-issued certificates of franchise authority
authorizing the applicant to offer cable service in this state
under the procedures and requirements contained in this article.
Effective May 23, 2006.

Cooked ground beef.Act
No. 338 (R401,
H3640) adds § 44-1-145
to provide that ground beef prepared by a food service provider
for public consumption must be cooked to at least 155°F unless
otherwise ordered by the immediate consumer, to provide immunity
from liability for serving beef cooked below 155°F upon request
of the purchaser if the food service provider provides advance
written notice of the risks of eating such ground beef and to
provide that a consumer or purchaser must be 18 years of age
or older to order beef cooked below 155°F. Effective June
8, 2006.

Counterfeit marks.Act
No. 348 (R393, H3051) amends § 39-15-1190
to further define a “counterfeit mark,” to establish
felonies for the use of, trafficking in and production of a counterfeit
mark, to provide for seizure and sale of items in connection
with the use of a counterfeit mark and to provide for investigatory
powers of the Secretary of State; and adds § 39-15-1195
to provide for seizure and forfeiture to law enforcement agencies
of property involved in the criminal violations established for
counterfeit marks and provide the procedures applicable for this
seizure and forfeiture. Effective June 12, 2006.

Debtor’s
interest.Act
No. 300 (R300, S862) amends § 15-41-30
to provide that the exemption from attachment, levy and sale
granted to a debtor’s interest in property used as a debtor’s
residence does not exceed $50,000, to provide that the exception
for the aggregate value of multiple homestead exemptions not
exceed $100,000 and to provide for the manner in which the above
dollar amounts shall be adjusted annually to reflect the change
in the Consumer Price Index. Effective May 25, 2006.

Electric
and natural gas service.Act
No. 313 (R374, H4404) adds various
Articles to the Code to require municipalities furnishing
electricity or natural gas to their citizens, special purpose
and public service districts, electric cooperatives, natural
gas companies, electric companies and the Public Service Authority
to establish written procedures for termination of service
due to nonpayment and to consider establishing and maintaining
third-party
notification programs. Effective June 1, 2006.

Gasoline and diesel
fuel.Act
No. 370 (R441, S680) adds § 39-41-295
to provide that motor fuel may be dispensed at unattended service
stations if the dispensing device has an automatic shut-off valve
that is activated when the sale reaches 30 gallons and to require
the dispensing device to be equipped with emergency controls
and the service station with fire extinguishers. Effective June
9, 2006.

Non-ionizing radiation.Act
No. 355 (R408, H3833) amends § 13-7-45
to provide that non-ionizing radiation registration is for commercial
establishments for the tanning of human skin and to provide that
DHEC may retain up to $30,000 for the administration of this
program. Effective June 9, 2006.

Price gouging.Act
No. 374 (R372,
H4316) amends § 39-5-145
to prohibit price gouging upon an out-of-state declaration of
a state of emergency or disaster resulting in abnormal disruption
of the market in certain commodities when this state is affected
and to except seasonal or other customary fluctuations in price.
Effective June 14, 2006.

Prescription Drug Discount Card Registration
Act.Act
No. 377 (R403, H3711) amends Chapter 17, Title 37
to provide for the
registration with the Dept. of Consumer Affairs of discount
medical plan organizations, marketers and representatives engaged
in
the sale, marketing, promotion, advertisement or distribution
of discount medical plans or other purchasing devices or mechanisms;
to provide disclosures required upon application; to provide
exemptions from regulation under the Act; to provide remedies
for violations of the Act, in addition to and cumulative of
other penalties in Title 37 and in the S.C. Unfair Trade Practices
Act; and to provide the authority of the Dept. of Consumer
Affairs
to promulgate regulations to effectuate the purposes of this
Act. This act takes effect on January 1, 2007; however, no
later than October 31, 2006, the South Carolina Dept. of Consumer
Affairs
must prepare and have the registration forms required by this
Act ready for distribution and use by persons registering under
this Act.

Ticket reselling.Act
No. 367 (R435, H4847) adds § 39-5-36
to provide that a person or firm who resells tickets to an event
for more than $1 above the original price violates the S.C. Unfair
Trade Practices Act and to define the term “original ticket
seller;” and amends § 16-17-710 to provide an exception
for the resale of tickets to an event under certain circumstances,
to define the terms “open market event ticket” and “permitted
physical location” and to provide a penalty. Effective
June 9, 2006.

Bank or trust company.Act
No. 308 (R332, S991) amends § 34-21-40
to further provide for acceptable forms of security for funds
received and held in trust by a bank or trust company. Effective
June 1, 2006.

Economic Development Incentive Act.Act
No. 384 (R437, H4874) adds § 12-6-3589 to provide for
a credit against the state corporate income tax for costs incurred
by a manufacturing facility
in complying with whole effluent toxicity testing, the amount
of the credit and a 10 year carry forward period and to define “manufacturing
facility”; amends § 12-6-2250 to provide for the calculation
of apportioned income using sales figures; amends § 12-6-3360
to include a bank and a licensed general contractor as taxpayers
who may qualify for the job tax credit; amends § 12-6-3375
relating to the tax credit for use of the state’s port
facilities; amends § 12-6-3410 to include a bank’s
headquarters in the tax credit for corporate headquarters and
to redefine “company business unit”; amends § 12-10-80
to allow for a reduction against the job development tax credit
for taxes due and to include certain employee relocation expenses
as qualifying expenses; amends § 12-20-110 to include a
certified community development entity to the list of entities
to which corporation license fees provisions do not apply; amends § 12-36-2120
to exempt construction materials used in building a single manufacturing
and distribution center with certain minimum investments from
the state sales tax; amends § 12-44-130 and § 12-44-140
relating to the fee in lieu of property taxes, so as to correct
a cross reference; amends §§ 4-12-30 and -29-67 to
reduce the minimum investment requirement, to delete certain
investments from a four percent minimum assessment ratio and
to provide that property titled in a county’s name is private
property for purposes of an industrial development park; amends § 12-6-3360
to provide for a higher tier of credit to the job tax credit
in certain circumstances and to provide for income data to be
determined by the average per capita income of the county or
the state, to provide for a credit for a taxpayer operating an
extraordinary retail establishment; amends § 12-21-6520
to further define “tourism or recreational facility”;
and adds § 12-21-6590 to provide that only four extraordinary
retail establishments may be designated, that sales tax, rather
than admissions tax, be determinative for this purpose and to
define “infrastructure improvements” to include an
aquarium or natural history exhibit or museum in connection with
the establishment, as well as other expenditures directly supporting
the construction or operation of the establishment. Effective
June 14, 2006.

Electronic ballot authorized for nonprofit organization.Act
No. 255 (R269, H3196) amends § 33-31-708 to authorize
the use of an electronic ballot in an action taken by ballot
of a
nonprofit corporation. Effective April 8, 2006.

Industry Partners
Act.Act
No. 319 (R343, H4840) adds § 13-17-88
to provide for a target program of excellence within each of
the three South Carolina Research Innovation Centers and to focus
on the application, development and commercialization of the
basic research being undertaken by the centers, for funding of
the programs with a view toward attracting industry partners
in their efforts, for an industry partnership fund offering tax
credits to contributors toward the efforts and for administration
and implementation by the S.C. Research Authority; adds § 12-6-3585
to provide for the parameters of the state income tax, insurance
premium tax or license fee credit for contributions to the industry
partnership fund; amends § 13-17-40 to add the Director
of the Savannah River National Laboratory to the Board of the
S.C. Research Authority and to provide for an executive committee
and director; amends § 13-17-83 to allow, but not require,
the State Research Division to operate existing research parks;
and amends § 13-17-87 to authorize the S.C. Research Innovation
Centers to finance qualified companies and to clarify matters
of location of centers and appointment of directors. Effective
June 1, 2006.

State Financial Institutions Board.Act
No. 252 (R259, S1114) amends § 34-1-20 to mandate that
one member of the State Board of Financial Institutions must
be a restricted or supervised
lender recommended by the Independent Consumer Finance Association.
Effective March 24, 2006.

Tax credits.Act
No. 335 (R379, H4800)
amends §§ 12-6-3360,
-3410 and -3420 to allow the targeted jobs tax credit, the income
tax credit for establishing or adding to a corporate headquarters
and the tax credit allowed a corporation for construction or
improvement of an infrastructure project to be claimed against
the bank tax and to make conforming amendments; to further provide
that the targeted jobs tax credit is available to a technology
intensive facility used for computer research, development and
technology; amends § 12-36-2120 to exempt certain computer
equipment of a taxpayer who meets minimum investment or job creation
standards from the state sales and use tax and to exempt the
electricity used by that facility; and amends § 12-23-20
to exempt the electricity used by a computer technology intensive
facility from the tax on the resale of electric power. Effective
June 6, 2006.

Drawing and summoning jurors.Act
No. 224 (R211, S578) amends § 14-7-140 to provide that the computer
software used for the drawing and summoning of jurors must be
designed to ensure a random selection, that the physical presence
of the jury commissioners is not required, that the drawing and
summoning must take place publicly in the office of the clerk
of court and that the Supreme Court would order appropriate procedures
required to implement the provisions of this section; amends § 14-7-230
to provide that the clerk may use a computer or a responsible
person to draw jurors; and amends § 14-7-1060 to provide
the procedure for drawing a jury if a computer is not used pursuant
to the provisions of § 14-7-140. Effective February 3, 2006.

Arrest by NC or GA police officer.Act
No. 230 (R223, S293) amends § 17-13-47 to allow a law enforcement
officer from Georgia or North Carolina who enters South Carolina
in fresh pursuit of a person the same authority to arrest the
person within this state under certain circumstances and to provide
the procedures to determine the lawfulness of the arrest, the
release of the arrestee and the arrestee’s extradition.
Effective February 17, 2006.

Crimestoppers Act.Act
No. 380 (R419,
H4456) adds Chapter 50 to Title 23 to enact the Act to provide
for the purpose of Crimestopper
organizations, to provide for definitions of various terms, to
establish the S.C. Crimestoppers Council and its duties, to provide
that a court may order a defendant to repay to a Crimestoppers
organization or to the Crimestoppers Council a reward issued
by either entity, to provide for the reimbursement of monies
paid by these groups for information that results in the arrest
of an individual where monies are confiscated and forfeited pursuant
to an arrest and for the maintenance and disbursement of these
funds, to provide for the admissibility and the release of certain
evidence, protected information and protected identities in a
court proceeding, to provide that it is unlawful for certain
persons to intentionally or knowingly divulge, or a public body
to disclose certain privileged communication, protected information
or a protected identity under certain circumstances and to provide
immunity from civil liability for certain persons who communicate
or act on privileged communication or are officers or employees
of a Crimestoppers organization or the Crimestoppers Council;
repeals § 44-53-583 relating to reimbursement of certain
monies to a Crimestoppers organization; amends § 16-3-1525
to revise the methods of providing information about an arrested
person to certain crime victims and to define the term “pattern”;
and amends § 16-3-1230 to revise the instances upon which
a claim for an award from the victim’s compensation fund
on behalf of a minor or incompetent person may be filed and to
revise the circumstances when the deadline for filing a claim
may be extended. Effective June 14, 2006.

Criminal offenses created
for involuntary servitude.Act
No. 266 (R284, H3060) amends § 16-3-930
to create the offense of trafficking in persons for forced labor
or services and to
provide definitions, penalties and an exception for persons in
the custody of a correctional facility. Effective May 2, 2006.

Juvenile Justice Department.Act
No. 363 (R425,
H4687) amends § 20-7-6840
to provide that intensive supervision services are among the
community-based programs the Dept. of Juvenile Justice provides,
to specify that juveniles who require enhanced supervision, monitoring
and contacts or a higher level of treatment must be assigned
to intensive supervision services and to further provide for
the scope and delivery of these services. Effective June 9, 2006.

Parole
and pardon authority for juveniles.Act
No. 309 (R353, S601)
adds § 20-7-8303 to provide that the Dept. of Juvenile
Justice shall determine the release of juveniles adjudicated
delinquent for a status offense or misdemeanor and the revocation
of release for juveniles who have violated probation for these
offenses and to provide that the Board of Juvenile Parole shall
determine the release and revocation of release of juveniles
for all other offenses; amends various Code sections all relating
to the duties and responsibilities of the DJJ and the Board of
Juvenile Parole, to conform them to the provisions of this Act;
and amends § 20-7-8305, relating to additional duties of
the Board of Juvenile Parole, to conform it to the provisions
of this Act and to require the Department to develop written
guidelines for the release of juveniles for whom the Department
is responsible for determining their release. Effective April
1, 2007.

Protection of Persons and Property Act.Act
No. 379 (R412, H4301) adds Article 6 to Chapter 11, Title
16 to enact the Act, to define
various terms, to authorize the lawful use of deadly force against
an intruder or attacker in a person’s dwelling, residence
or occupied vehicle under certain circumstances, to provide exceptions,
to provide that there is no duty to retreat if the person is
in a place where he has a right to be, including the person’s
place of business, and the use of deadly force is necessary to
prevent death, great bodily injury or the commission of a violent
crime, and to provide that a person who lawfully uses deadly
force is immune from criminal prosecution and civil action and
may not be arrested unless probable cause exists that the deadly
force used was unlawful; amends § 16-1-60 to add trafficking
in cocaine base to the list of violent crimes; and adds § 16-23-415
to create the offense of taking a firearm or other weapon from
the person of a law enforcement officer and to provide a penalty.
Effective June 9, 2006.

Sex offenders. Act
No. 342 (R447, S1267)
amends § 16-3-20
to add to the list of aggravating circumstances for the punishment
of murder that the murder was committed by a person deemed a
sexually violent predator; amends § 16-3-655 to revise the
penalties for criminal sexual conduct with a minor and to provide
for the imposition of the death penalty for repeat offenders
under certain circumstances; amends § 23-3-460 to provide
for registration with the Sex Offender Registry bi-annually rather
than annually; amends § 23-3-530 to provide certain nonexclusive
requirements that must be included in the protocol manual developed
by SLED for the Sex Offender Registry; amends § 23-3-540
to establish the persons who shall or may be electronically monitored
and to establish the procedures for monitoring these persons;
amends § 23-3-550 to revise the offense of assisting or
harboring unregistered sex offenders; adds § 17-23-175 to
provide a procedure for allowing an out-of-court statement made
to a third party by a child victim or child witness to be admissible
in a General Sessions or Family Court; and amends § 17-25-45
to provide that the sentence for the prior conviction does not
have to be served or completed before a person may be sentenced
pursuant to this section to life without parole. Effective July
1, 2006.

Sex Offender Accountability and Protection
of Minors Act of 2006.Act
No. 346 (R388, S1138) amends § 16-3-655
to revise the penalties for criminal sexual conduct with a minor
and to provide
for the imposition of the death penalty for repeat offenders
under certain circumstances; adds § 17-23-175 to provide
a procedure for allowing an out-of-court statement made to a
third party by a child victim or child witness to be admissible
in a general sessions or family court; amends § 23-3-540
to establish the persons who shall or may be electronically monitored
and to establish the procedures for monitoring these persons;
adds § 23-3-545 to provide a procedure for the handling
of persons convicted of willfully violating a term or condition
of electronic monitoring. Effective July 1, 2006, except that
the provisions regarding the requirements of active electronic
monitoring of certain offenders by the Department of Probation,
Parole and Pardon Services does not take effect until the General
Assembly funds the Department to the extent necessary to implement
those provisions.

Charter School Act of 2005.Act
No. 274 (R283, H3010) provides for the creation of a South Carolina Public
Charter School District, its governance and its powers and duties,
and provides for the manner in which a charter school, including
those sponsored by the South Carolina Public Charter School District,
must be formed, funded, regulated and governed; and amends §§ 59-18-900
and -920 to require charter schools to report data to the Department
of Education to generate a report card and to provide that the
Department by regulation shall establish procedures for this
data reporting. Effective May 3, 2006.

Financial Literacy Trust Act.Act
No. 382 (R427, H4707) adds § 59-29-440
through § 59-29-570 to enact the Act, which is an initiative
for improving financial literacy by providing grants to school
districts to provide financial literacy instruction for students
in grades K-12; establishes goals for this initiative; establishes
the S.C. Financial Literacy Board of Trustees to provide that
it shall oversee the financial literacy trust and to establish
the purposes of the Board and its composition, functions and
duties; provides for a fund to accept public and private monies
and provide that no state funds may be used for the Financial
Literacy Initiative; provides for the functions and duties of
the office implementing and operating the initiative; and provides
the procedure for applying for a grant, establish fiscal guidelines
and evaluation requirements; amends § 12-6-5060 to authorize
contributions to the Financial Literacy Trust through individual
income tax returns; repeals §§ 59-29-420 and -425,
both relating to a Financial Literacy Fund; and provides the
intent. Effective June 14, 2006.

Released Time Credit Act. Act
No. 322 (R352, S148) adds § 59-39-112
to provide that a school district Board of Trustees may award
high school students no more than two Elective Carnegie Units
for the completion of released time classes in religious instruction
and to provide that the released time classes must be evaluated
on the basis of purely secular criteria. Effective June 2, 2006.

Safe
Schools Act.Act
No. 353 (R400, H3573) adds Article 2 to Chapter
63 of Title 59 to prevent school harassment, intimidation
or bullying; to instruct local school districts to adopt a policy
prohibiting harassment, intimidation or bullying that includes
certain components; to provide that the State Board of Education
shall develop model policies; to provide that the policy must
be incorporated into the training programs; and to define certain
terms. Effective June 12, 2006.

School bus driver required to
have a physical.Act
No. 351 (R396, H3109) adds § 59-67-160
to provide that a school bus driver shall have a physical examination
performed by a physician, nurse
practitioner or physician assistant before the testing required
to operate a school bus and provide for the reporting of the
results of the examination. Effective June 9, 2006.

School term.Act
No. 260 (R274, H4429) adds § 59-1-425 to
provide for the length of the school term, the beginning of the
school term, the use of instructional and other days and provisions
and procedures for make-up days; and repeals §§ 59-1-420,
-430 and -440. Effective April 8, 2006.

State Assessment Program.Act
No. 254 (R262, H4328) authorizes the Budget and Control Board
to request proposals for conducting
a study to determine the feasibility and cost of converting the
State Assessment Program to a computer-based or computer-adaptive
format; amends the Education Accountability Act and educational
standards and assessment programs to define certain terms to
provide certain assessments, to provide percentage weightings
for grades 3-6, to create a task force to recommend alternative
evidence and procedures for graduation requirements, to provide
for continuing teacher education, to mandate that the State Board
of Education administer annually the National Assessment of Education
Progress and to mandate that the Dept. of Education convene annually
to provide for continuing teacher training to ensure the valid
and reliable use of assessments, to provide that the readiness
assessment must be modified to provide information on student
literacy development, to provide that the State Board of Education
shall administer annually the National Assessment of Education
progress to obtain an indication of student performance relative
to national performance and to provide that the Dept. of Education
shall convene annually its team of curriculum experts to analyze
the results of the assessments; amends §§ 59-18-1595
and -28-200 to change references to the Palmetto Achievement
Challenge Test; and repeals Chapter 30 of Title 59 relating to
the Basic Skills Assessment Program. Effective March 24, 2006.

Sign
language.Act
No. 326 (R359, S1107) amends § 59-17-130
to provide that a school district may give credit as a world
language to a pupil who satisfactorily completes a high school
course in American Sign Language and to provide for the development
of standards for these teachers. Effective June 1, 2006.

Trident
Technical College.Act
No. 368 (R438, H5001) adds § 59-53-450
to provide for a “Main Campus” and an “Enterprise
Campus” at Trident Technical College; designates § 59-53-410
through § 59-53-450 as Subarticle 1 and entitled “General
Provisions” of Article 5, Chapter 53, Title 59; and adds
Subarticle 3 to Article 5, Chapter 53, Title 59 so as to provide
for the powers and duties of the commission for purposes of the
further development of the Main Campus, to provide for the creation
of the Trident Technical College Enterprise Campus Authority
and to provide for its powers and duties. Effective June 12,
2006.

S.C. Retirees and Individuals Pooling
Together for Savings Act.Act
No. 233 (R231, H3221) changes the
S.C. Retirees and
Individuals
Pooling Together Act to the Gap Assistance Pharmacy Program for
Seniors (GAPS) Act and provides that the program created within
the S.C. Dept. of Health and Human Services must coordinate with
Medicare Part D to provide low income senior residents assistance
with the cost of prescription drugs during the annual Medicare
Part D coverage gap, to require that a participant be enrolled
in a GAPS participating Medicare Part D drug plan, to clarify
other eligibility criteria and to specify that an enrollee is
entitled to benefits when the enrollee’s annual out-of-pocket
drug expenses reach the point that standard Medicare Part D benefits
are no longer available and that benefits terminate when the
participant’s annual out-of-pocket expenses reach the point
that catastrophic Medicare Part D benefits become available;
and repeals Chapter 130, Title 44, relating to the S.C. Seniors’ Prescription
Drug Program Act. Effective February 21, 2006.

Special investigative unit established within SLED.Act
No. 301 (R301, S1116) adds Article 10, Chapter 3, Title 23 to establish
the Vulnerable Adults Investigations Unit; amends § 43-35-10
to revise the definitions of “facility” and “investigative
entity”; amends §§ 43-35-15 and -35 to provide
that the Vulnerable Adults Investigations Unit shall receive
and coordinate referrals or reports of abuse, neglect, exploitation
and deaths of vulnerable adults in facilities operated by or
contracted with the Dept. of Mental Health or the Dept. of Disabilities
and Special Needs, to provide that the unit shall investigate
or refer to law enforcement those reports having reasonable suspicion
of criminal conduct, to clarify that the Long-term Care Ombudsman
and the Adult Protective Services Program at the Dept. of Social
Services shall investigate non-criminal reports and to further
provide for the investigation of these incidents; amends § 43-35-20
to provide that the investigative entities shall have access
to facilities as permitted by law; amends § 43-35-25 to
further clarify the requirements for reporting abuse, neglect
and exploitation of vulnerable adults and to whom reports must
be made; amends § 43-35-35 to provide that all deaths of
a vulnerable adult in facilities operated by or contracted with
the DMH or the DDSN must be reported to the Vulnerable Adults
Investigations Unit; amends § 43-35-40 to require the investigative
entities reviewing reports to report cases with reasonable suspicion
of criminal conduct to the Vulnerable Adults Investigations Unit;
amends § 43-35-60 to require the notices that are required
to be placed in facilities concerning personnel duties to contain
facility contact information; amends § 43-35-80 to provide
that referrals for actions of the Attorney General against a
person or facility for failing to exercise reasonable care in
operating a facility for vulnerable adults also may be made by
the Vulnerable Adults Investigations Unit; adds Article 5 to
Chapter 35, Title 43 to further provide for the powers and duties
of the Vulnerable Adults Investigations Unit in the investigation
of vulnerable adult fatalities and to establish the Vulnerable
Adult Fatalities Review Committee and provide for its members,
powers and duties; adds § 17-5-555 to require the coroner
or medical examiner to report the death of a vulnerable adult
to the Vulnerable Adults Investigations Unit under certain circumstances;
and amends § 44-7-2910 to require criminal records checks
on direct caregivers in residential programs operated by or contracted
with the DMH or the DDSN. Effective May 23, 2006.

Absentee ballots.Act
No. 253 (R260, H3720)
amends § 7-3-20 to authorize the executive director of the
State Election Commission to serve as the Chief State Election
Official responsible for implementing and enforcing the state’s
responsibilities under the Uniformed and Overseas Citizens Absentee
Voting Act; adds § 7-15-405 to require the authority charged
with conducting an election to provide an absentee instant runoff
ballot for voting in a potential primary runoff at least 45 days
prior to the primary election to the qualified electors or the
state who are eligible to vote as provided by the Uniformed and
Overseas Citizens Absentee Voting Act; amends § 7-15-460,
to direct the State Election Commission, in cooperation with
U.S. Government agencies, to take all steps and action as may
be necessary to ensure that armed services personnel during a
military emergency have the opportunity to receive and cast any
ballot they would have been eligible to cast if they resided
in and had remained in South Carolina. Effective March 24, 2006.

Absentee ballot.Act
No. 284 (R309, H3414) adds § 7-17-275
to provide a procedure for a party opposing an election protest
that prevails at the State Board; adds § 7-25-220 to provide
that a poll worker is immune from certain actions while conducting
an election; amends § 7-15-420 to provide that the managers
may begin the process of examining the return-addressed envelopes
for absentee ballots and tabulating those ballots at 9 a.m. instead
of 2 p.m. on election day and that results of the tabulation
must not be publicly reported until after the polls are closed;
and amends § 7-17-260 to provide that a protest or contested
case heard by the State Board must be considered an administrative
action. Effective May 19, 2006, but will not be put into practice
until it receives pre-clearance by the U.S. Department of Justice.

Executive
committee of a political party to name a replacement candidate.Act
No. 337 (R397, H3166) adds § 7-11-53 to provide
that if the executive committee of a political party substitutes
a candidate for a general or special election, it must do so
as soon as reasonably possible, to require the nomination of
a substitute candidate by the executive committee not more than
30 days from the date the candidacy becomes vacant and to provide
that, if a party fails to nominate a substitute candidate within
30 days, the party is prohibited from nominating a candidate
for that office. Effective June 8, 2006.

Legislative caucus committee
may be created.Act
No. 344 (R330, H3402) amends § 2-17-10
and § 8-13-1300 to provide
that a legislative caucus committee may be created based upon
a special legislative interest; amends § 8-13-1333 to prohibit
solicitation of contributions by legislative special interest
caucuses but to permit solicitation of other funds and to establish
requirements for fund solicitation and use of those funds and
to establish requirements to maintain financial records; and
amends § 2-17-110 to prohibit financial assistance from
a lobbyist, lobbyist’s principal or person acting on behalf
of a lobbyist or lobbyist’s principal. Effective May 31,
2006.

Polling places.Act
No. 339 (R407, H3831) amends § 7-7-910
to provide that, if a designated polling place in a precinct
is unavailable for use during an election as a result of an emergency
situation, the authority charged by law with conducting the election
shall designate an alternative polling place to be used for the
electors in that precinct for any election occurring during the
emergency situation, to provide that the alternative polling
place is not required to be within the precinct of the elector’s
residence under specified circumstances and to provide the conditions
and requirements which must be met under this section. Effective
June 8, 2006, but will not be put into practice until it receives
pre-clearance by the U.S. Department of Justice.

Substitution
of a candidate when nominee dies, becomes disqualified or resigns.Act
No. 256 (R270, H3721) amends § 7-11-50 to
provide that the State Election Commission reviews the withdrawal
of a candidate in a multi-county election or an election for
a member of the General Assembly. Effective January 1, 2007.

Vote recorder requirements.Act
No. 223 (R210,
S185) amends § 7-13-1340
to add references to optical scan voting devices and delete provisions
requiring separate votes for president; and amends § 7-13-320
to delete the prohibition against combining the official ballot
for presidential electors with any other official ballots. Effective
February 3, 2006.

Alarm system business.Act
No. 292 (R334,
S1147) amends § 40-79-230
to specify the national training course requirements to be licensed
to engage in the burglar alarm business or the fire alarm business.
Applies to persons who apply for licensure to engage in the burglar
alarm business or fire alarm business on or after May 31, 2006.

Dietetics Licensure Act.Act
No. 392 (R350,
S103) adds Chapter 20 to establish the S.C. Panel for Dietetics
under the administration
of the Dept. of LLR and to provide for its members, powers and
duties, to provide for the licensure and regulation of persons
engaging in the practice of dietetics, including establishing
criteria for licensure and license renewal, to establish the
scope of practice for dietitians and to provide grounds for misconduct
and penalties for misconduct, including criminal penalties. Effective
July 1, 2006, except for the misconduct provisions, which become
effective July 1, 2009.

Fire equipment.Act
No. 341 (R446, S1162)
amends § 23-9-45
to further specify installation and maintenance requirements
to obtain Class D fire equipment licenses and permits, to provide
that fees for equipment licenses and permits may be set by the
Division of State Fire Marshal in regulation and may be revised
every two years and to further provide that the initial fees
may not exceed the current fees of $100 for licenses and $25
for permits; adds § 23-9-35 so as to authorize the Division
of State Fire Marshal to construct handicapped ramps without
incurring fees or securing a permit for constructing such ramps;
and adds § 6-9-14 so as to prohibit a municipality or county
from charging a permit fee or require a permit for a wheelchair
ramp built with Medicare or Medicaid funds if the construction
is performed, overseen or inspected by an Americans with Disabilities
Act inspector. Effective June 10, 2006.

Identity fraud for purposes
of obtaining employment.Act
No. 350 (R395, H3085) adds § 16-13-515
to create the offense of identity fraud for the purpose of obtaining
employment and
to provide a penalty and amends § 16-13-510, relating to
financial identity fraud, to revise the definition of “identifying
information.” Effective June 12, 2006.

Practice of veterinary medicine.Act
No. 294 (R336,
H3615) amends Chapter 69, Title 40, relating to the practice
of veterinary
medicine, to conform the chapter to the statutory organizational
framework of Chapter 1, Title 40 for boards under the administration
of the Dept. of LLR and to further provide for the licensure
and regulation of veterinarians and veterinary technicians including,
but not limited to, establishing an investigative review committee,
revising procedures for conducting hearings, authorizing student
preceptor programs, providing procedures for veterinarians if
an animal is abandoned in their custody, providing for a lien
on an animal when payment for care is not made and establishing
certain requirements for emergency veterinary care facilities
and mobile veterinary facilities. Effective May 31, 2006.

Provisions
when continuing education courses not required for cosmetologists.Act
No. 349 (R394, H3062) amends § 40-13-250
to exempt a person who has held a cosmetologist’s license
for at least 15 consecutive years and is 60 years of age or older
or has held continuous licensure for at least 30 years, is 50
years old and who has not been disciplined by the Board of Cosmetology
from taking the continuing education courses; and to provide
that, upon approval by the Board, an attendance form may be obtained
giving continuing education credit for attendance at trade show
cosmetology-related instructional programs. Effective June 9,
2006.

Real estate professionals—grounds for denial of licensure
or for disciplinary action.Act
No. 352 (R399, H3478) amends § 40-57-145
to clarify that payment of a commission or compensation to an
unlicensed individual is prohibited for conducting activities
requiring a license and to further provide that a licensee may
not pay or offer to pay a referral fee to an unlicensed individual
who is not a party to the transaction. Effective June 12, 2006.

Reserve
police officers.Act
No. 336 (R381, H4982) amends § 16-23-20
to include in the exceptions to the offense of the unlawful carrying
of a handgun reserve police officers of a state agency; amends § 23-28-30
to provide that additional training may be prescribed by the
entity having a reserve unit under certain circumstances; and
amends § 16-23-30, relating to the unlawful sale or delivery
of a handgun, so as to delete the term “handgun” and
replace it with the term “firearm.” Effective June
2, 2006.

Agricultural operation.Act
No. 290 (R326,
S1205) amends Chapter 45 of Title 46 to provide that, with certain
exceptions, local county ordinances in conflict with state law
or regulations governing or regulating an agricultural facility
or operation are null and void, to define or further define specific
terms, to permit a county to determine whether an agricultural
use is a permitted use under the county’s land use and
zoning authority, to further provide for the manner in which
setback distances for agricultural animal facilities are determined
and to provide that these provisions do not apply to any license
or permit application for which DHEC has made a decision prior
to the effective date of these provisions. Effective May 30,
2006.

Computer assisted remote hunting.Act
No. 258 (R272,
H3879) amends § 50-11-95
to make it unlawful to engage in computer-assisted remote hunting
or operate computer-assisted remote hunting facilities, as defined
by this section for this purpose and to provide exceptions and
penalties. Effective April 13, 2006.

Diamond-back terrapin.Act
No. 246 (R250, H4296) amends § 50-5-2300
to delete the authority of the Dept. of Natural Resources to
grant permits to harvest and market diamond-backed terrapin,
to provide that it is unlawful to take or possess diamond-backed
terrapin for a commercial purpose, to provide that a person may
provide no more than two diamond-backed terrapin for noncommercial
purposes and to revise penalties for violations. Effective March
15, 2006.

Game zones revised and reduced.Act
No. 289 (R315, H4572) amends § 50-1-60
to revise and reduce the number of game zones in South Carolina;
amends § 50-11-120, relating to hunting season for small
game, § 50-11-150, relating to bag limits, § 50-11-310,
relating to open season for antlered deer, and § 50-11-335,
relating to bag limits on antlered deer, to further provide for
these based on the revised game zones; amends § 50-11-350,
relating to penalties for illegally taking, possessing or killing
deer in certain game zones, and § 50-11-520, relating to
special studies of game zones stocked with wild turkey, to revise
references to particular game zones and to further provide for
the season for hunting and taking male wild turkeys; amends § 50-11-708
to revise the provisions relating to the unlawful use of artificial
lights in game zone 6 and make them applicable to all game zones
and provide penalties for violations; amends § 50-21-710
relating to the authority of the DNR to place aids to navigation
and regulatory markers in the waters of this state under certain
conditions, so as to revise the manner in which the Dept. regulates
the uniform marking of the waters of this state and the operation
of water devices and watercraft through the use of regulatory
markers; and repeals various Code sections, all relating to various
wildlife and fish and game provisions. Effective July 1, 2007.

Heritage
Trust Program.Act
No. 251 (R258, S1061) redesignates §§ 51-17-10
through 51-17-150 as Article 1 of Chapter 17, Title 51, entitled “Heritage
Trust Program”; adds Article 3 to Chapter 17, Title 51,
to provide for bonding authority in the S.C. DNR for land acquisition,
restoration, improvement and management of properties for inclusion
in the Heritage Trust Program; and adds § 51-17-85 to provide
restrictions on the disposition of trust property. Effective
March 28, 2006.

Hog-dog fighting or events and cockfighting. Act
No. 345 (R384, S229) amends § 16-17-650 to include game
fowl testing in the offense of cockfighting, to define the term “illegal
game fowl testing,” to increase the penalties, to provide
for forfeiture of certain property gained or used in a violation
of this offense and to require game fowl breeders and testing
facilities to comply with regulations regarding avian influenza
preparedness and testing; amends § 16-27-50, relating to
the seizure of animals when a person violates the provisions
of the Animal Fighting and Baiting Act, to provide that the provisions
of the offense of cruel work of animals apply and to provide
that a violation of the Act must be considered as cruel treatment
of an animal and the owner must be deemed unfit; adds § 16-27-55
to allow the forfeiture of certain property when a person violates
a provision of the Animal Fighting and Baiting Act, to provide
procedures for forfeiture and to create an exception for the
innocent owner of property subject to forfeiture; amends § 16-27-80
to except dogs hunting on shooting preserves or wildlife management
areas but to specifically include hog-dog fights, hog-dog rodeos
and hog-dogging when betting takes place or when awards are given
based on the ability of a dog to catch a hog under certain circumstances;
and amends § 44-53-530 to provide procedures for a defendant
or his attorney to provide written notice of the person’s
interest in the property seized. Effective June 12, 2006.

Natural
resource enforcement officers.Act
No. 311 (R369, H4165) amends § 50-3-316
to revise the residency requirements for natural resource enforcement
officers and to delete provisions
pertaining to the funding of the compensation of these enforcement
officers. Effective June 1, 2006.

Shooting preserves.Act
No. 306 (R327, S1208) amends Article 7, Chapter 11, Title 50 to revise
the manner of their establishment
and licensing of shooting preserves, the legal shooting preserves
species and other provisions pertaining to the operation of shooting
preserves. Effective May 24, 2006.

Timber deed.Act
No. 248 (R253,
H4594) adds § 12-6-5595
to provide that conveying by timber deed the right to cut standing
timber for a period of time over 30 years is not recognized as
a gain under § 1031, IRC or comparable state law. Effective
March 17, 2006.

Birth certificates.Act
No. 324 (R357, S1032) amends § 44-63-100
to change the designation of “delayed birth certificate” to “certificate
of birth established by court order” and to further specify
the procedures for obtaining such a certificate, including requiring
attachment of a certification to the petition from the State
Registrar of Vital Statistics stating that no birth record has
been located and requiring that additional information be included
in the order establishing the record of birth; and amends § 44-63-165
to specify the statutory law under which an acknowledgement of
paternity must be issued when determined by the court. Effective
June 6, 2006.

Custody of minor children.Act
No. 249 (R256, S137)
amends § 20-7-420
to allow the family court to place a minor child placed in the
custody of the child’s de facto custodian under certain
circumstances; adds § 20-7-1540 to define “de facto
custodian” and to specify the circumstances under which
custody or visitation of a minor child may be awarded to a de
facto custodian. Effective March 24, 2006.

Name change requirements.Act
No. 229 (R222, S141) amends § 15-49-20
to provide that a petitioner seeking a name change must sign
an affidavit stating he has never been convicted of a crime under
a different name other than the name in which he is making the
request, to create the offenses of knowingly and willfully falsifying
an affidavit by a person required to be registered pursuant to
the sex offender registry under certain circumstances, to provide
penalties for these violations and to exempt a person desiring
to resume her maiden name from the requirements of this section.
Effective February 17, 2006.

Code of Laws.Rat.
No. 241 (S1097) adopts
revised Code Volumes 11 and 18 as the only general permanent
statutory law of the state as of January 1, 2006. Effective March
15, 2006.

Procurement Code supersedes any other conflicting
law.Act
No. 376 (R386, S572) adds § 11-35-25 to provide
that the S.C. Consolidated Procurement Code supersedes any other
conflicting
law; adds § 11-35-3850 to provide for the sale of unserviceable
supplies by a governmental body; adds § 11-35-4420 to provide
that the chief procurement officer and the affected local governmental
body have the opportunity to participate fully in matters pending
before or appealed from the procurement review panel; amends
various sections, all relating to the S.C. Consolidated Procurement
Code, to, among other things, delete references to the Office
of General Services or Division of General Services of the State
Budget and Control Board and replace them with the terms “Chief
Procurement Officer,” “Designated Board Office” or “Designated
Board Officer,” and to provide further that the Chief Executive
Officer of the State Budget and Control Board designate the appropriate
office or subdivision of the board, officer or position of the
board; replaces references of procurement requirements for “goods
and services” with “supplies, services and information
technology,” to refine and conform various competitive
bidding modes, to increase maximum dollar thresholds in several
instances, to reduce the potential bidders to be ranked in certain
contracts, to reduce the contract amount allowing waiver of a
bond and security and to adjust small purchase thresholds and
agency baseline certification, to provide that a governmental
body shall have certain goals for its total dollar amount of
funds expended with regard to a minority business enterprise
and to increase the tax credit for dealing with an MBE to $50,000
annually over 10 years, to shorten the protest deadline and to
provide that the chief procurement officer and an affected governmental
body have the opportunity to participate fully in a review or
appeal of an administrative or legal decision made pursuant to
the procurement code; amends § 12-6-3350 to increase the
tax credit for state contractors and subcontractors with minority
firms to $50,000 annually for 10 years; repeals Subarticle 11
of Article 1, Chapter 35, Title 11, relating to the acceptance
of gifts in kind of architectural and engineering services by
a governmental body; and amends § 11-35-1270, relating to
authority to contract for certain services, and Subarticle 5
of Article 15, Chapter 35, Title 11, relating to the continuation
of certain provisions of law. Effective 13, 2006.

Procurement process.Act
No. 375 (R385, S368)
adds § 11-35-3215
to provide a preference in the state procurement process for
a resident design professional, to provide exceptions, to require
an award to a resident or a nonresident of a contract involving
design services to have a written determination explaining why
the award was made and to define “design services” and “resident” for
this purpose. Effective June 14, 2006.

Proposed municipalities’ requirements.Act
No. 239 (R239, S961) amends § 5-1-30 to require that
an area seeking to be incorporated file a proposal for providing
either directly
or indirectly a substantially similar level of law enforcement
services to the area’s existing law enforcement coverage
prior to seeking incorporation. Effective March 15, 2006.

Definition changes to the Anesthesiologist’s
Assistance Practice Act.Act
No. 321 (R351, S142) amends § 40-47-1210
to revise the definitions of “anesthesiologist” and “supervising
anesthesiologist” by adding the American Osteopathic Association
as a recognized entity for approval of anesthesiology programs
and to revise the definition of “sponsoring anesthesiologist” to
further specify professional requirements and to provide that
the sponsoring anesthesiologist also may be the supervising anesthesiologist;
amends § 40-47-1240 to allow a board designee to review
the qualifications of an applicant for licensure as an anesthesiologist’s
assistant; amends § 40-47-1245 to change the term from a
supervising to a sponsoring anesthesiologist; amends § 40-47-1250
to authorize an anesthesiologist’s assistant to be supervised
by a supervising, rather than a sponsoring, anesthesiologist;
amends § 40-47-1275, relating to the procedure required
when the relationship between an anesthesiologist’s assistant
and a supervising anesthesiologist is terminated, to change the
term to a sponsoring anesthesiologist; and amends § 40-47-1295,
relating to fees for anesthesiologist’s assistants, to
change the name of a supervisor fee to a supervisor sponsor fee.
Effective June 2, 2006.

DHEC to include guidelines for administration
of epinephrine.Act
No. 320 (R349, S66) amends §§ 44-61-120,
-130 and -330 to require DHEC to include guidelines for the administration
of epinephrine in the Comprehensive Statewide Emergency Medical
Services Plan; clarifies that EMTs may possess certain controlled
substances while on duty; and requires guidelines for the administration
of epinephrine to a child suffering from a severe allergic reaction.
Effective June 2, 2006.

Facility licensed by DHEC has duty to
report accidents.Act
No. 372 (R444, S1058) amends §§ 40-71-20
and 44-30-60 to clarify that a facility or activity licensed
by DHEC has a duty
to report accidents and incidents pursuant to DHEC’s regulations
and to further provide that information so reported does not
waive any privilege or confidentiality otherwise provided for
by this section; and amends § 44-7-315, relating to disclosure
of information to and by DHEC regarding a facility or home, so
as to clarify that this section does not apply to information
considered confidential by certain other provisions of law. Effective
June 9, 2006.

Health care power of attorney.Act
No. 365 (R431,
H4773) amends § 62-5-504
to conform the South Carolina statutory form for the health care
power of attorney, to provide further for a successor agent,
to include a HIPAA authorization, to clarify designation choices
in connection with tube feeding and to provide for an optional
acknowledgement by a notary public; and amends § 62-7-405
to delete the requirement that a charitable trust instrument
or report be filed with the Attorney General. Effective for health
care power of attorneys executed on or after January 1, 2007,
and effective on June 9, 2006, for charitable trusts.

Hospital
Infections Disclosure Act.Act
No. 293 (R335, S1318) adds Article
20 to Chapter 7, Title 44, to enact the Act and
to require hospitals to collect data and submit reports to
DHEC on hospital acquired infection rates, provides for an advisory
committee to assist DHEC in developing the methodology for
data
collection and analysis, provides for patient privacy, provides
for publication and availability of these reports to the public
and to provide that compliance with this article is a condition
of hospital licensure. Effective May 31, 2006.

Medical Examiners Board.Act
No. 385 (R387,
S881) amends Articles 1 and 3, Chapter 47, Title 40 to provide
for the composition of the State Board of Medical Examiners and
provide for its powers and duties, including, inter alia, for
licensing requirements and procedures; to provide for the Medical
Disciplinary Commission, its composition, powers and duties,
including, inter alia, for procedures and penalties for disciplinary
action by the Commission; to define certain terms; to provide
that osteopathic physicians and surgeons have the same rights
and privileges as physicians and surgeons of other schools of
medicine with respect to certain circumstances; to provide for
the review of Board actions by the Administrative Law Court;
and to provide that an expert medical witness must possess a
SC medical license. Effective June 9, 2006. By order dated
August 24, 2006, the Supreme Court has temporarily delayed judicial
enforcement of Act 385 of 2006 insofar as the Act requires a
physician to obtain a license to practice medicine in South Carolina
before offering expert medical testimony in a South Carolina
administrative or court proceeding.

Organ
and tissue donor.Act
No. 334 (R373, H4348) amends Chapter 43,
Title 44 to provide that an emblem must be embedded on a
driver’s license to designate the licensee as an organ
or tissue donor; deletes provisions specifically addressing eye
donation, which is included in provisions relating to tissue
donation and procurement; further specifies the classes having
authority to consent to organ and tissue donation for a decedent;
deletes the requirement that a bond must be posted when a body
is given for scientific purposes; provides that a gift or donation
of a body or part of a body is irrevocable if not revoked by
the donor before death and no other consent is required to validate
the gift; conforms references to current federal law regarding
organ procurement agencies; provides that when death is imminent,
or has occurred, notification of the organ procurement organization
must be made in accordance with federal and state law; deletes
provisions regarding certain agencies having authority to receive
certain organ and tissue donations; revises procedures for death
record reviewers; and makes technical corrections. Effective
June 2, 2006.

Pseudoephedrine.Act
No. 275 (R286, H3591) adds § 44-53-398
to require products whose sole active ingredient is ephedrine
or pseudoephedrine to be sold only in blister packaging and from
behind a counter, provides that only products containing nine
grams or less of ephedrine or pseudoephedrine may be sold in
a single sale, requires retailers to purchase such products only
from distributors registered by the U.S. Drug Enforcement Administration,
requires purchasers to produce a government issued photo identification,
requires a retailer to maintain a log of such sales, provides
that it is unlawful to posses, manufacture, distribute or sell
substances containing altered ephedrine or pseudoephedrine, provides
penalties for violations, requires a retailer to provide training
to employees on the requirements of this section and provides
that providing such training is an affirmative defense to certain
violations, and provides exemptions from the requirements of
this section; adds § 20-7-105 to provide that it is unlawful
to manufacture amphetamine or methamphetamine in the presence
of a child, to knowingly permit a child in an environment where
a person is selling, dispensing or manufacturing amphetamine
or methamphetamine or where drug paraphernalia is stored for
the purpose of manufacturing amphetamine or methamphetamine and
provides penalties; adds § 44-53-376 to provide that it
is unlawful to knowingly cause disposal of waste from the production
of methamphetamine and provides penalties and further provides
that a person convicted of such an offense shall make restitution
to all entities involved in any emergency environmental response
required due to such unlawful disposal; and establishes a study
committee to review the implementation and application of this
Act during the five years following its enactment. Effective
November 4, 2006.

Unanticipated Medical Outcome Reconciliation
Act.Act
No. 373 (R445, S1059) adds § 19-1-190 so as to
provide that, in a claim brought by or on behalf of a patient
allegedly experiencing
an unanticipated outcome of medical care, certain statements,
gestures, activities or conduct expressing benevolence, regret,
apology, condolence, mistake or error made by a health care provider
or his employee to certain persons are inadmissible as evidence
and do not constitute an admission of liability or an admission
against interest, to provide that a defendant in a medical malpractice
action may waive the inadmissibility of certain statements and
to provide that nothing in this section affects the S.C. Rules
of Evidence. Effective June 9, 2006.

Charitable trusts.Act
No. 330 (R365, S1356)
amends § 62-7-405 to provide that charitable trusts are
not required to be filed with the Attorney General unless required
by statute, rule or regulation. Effective June 2, 2006.

Estate
property.Act
No. 302 (R322, S925) adds § 15-61-25
to give one or more of the joint tenants or tenants in common
the right of first refusal to purchase the subject property before
its judicial partition. Applies to all petitions for partition
filed on or after May 25, 2006.

Recording
of deeds.Act
No. 323 (R354, S723) amends §§ 12-24-10
and -70 to provide that an instrument alienating realty to the
distributee of an estate is not a deed requiring a recording
fee or an affidavit. Effective June 2, 2006.

Eminent Domain Study Committee.Rat.
No. 452 (S1029) resolution to create an Eminent Domain Study Committee
to review the condemnation authority of all entities that possess
the power of eminent domain in South Carolina, the effect of
governmental policy on the value and ownership of private property
and the need for revision of current slum clearance and redevelopment
uses of eminent domain; and to provide for its membership and
for its report to the General Assembly of its findings and recommendations
by March 15, 2007.

Landowner and Advertising Protection and
Property Act.Act
No. 235 (R233, H3381) adds Chapter 14 to Title 39 to
enact the Act,
provides relevant definitions, authorizes local governments to
require that removal of nonconforming off-premises outdoor advertising
signs and regulate their use, allows local governing bodies to
enter into agreements with sign owners to relocate and reconstruct
signs, provides for the payment of just compensation when a sign
is removed without an agreement between the parties and provides
for arbitration between the parties when they fail to reach an
agreement; adds § 57-25-145 to restrict the use of off-premises
outdoor advertising signs for adult or sexually-oriented businesses
within one mile of a public highway and to provide a criminal
penalty for a violation of that restriction; and amends § 57-25-120
to provide definitions for relevant terminology and amends § 57-25-130
to regulate the construction and maintenance of outdoor advertising
signs, displays and devices in areas adjacent to the rights-of-way
of the interstate and federal-aid primary systems within this
state and provide a penalty for a violation of those regulations.
Effective February 22, 2006, but does not preempt local ordinances
enacted prior to April 14, 2005.

Magistrates court jurisdiction.Act
No. 361 (R420, H4471) adds § 27-37-155
to provide for an action on a commercial lease in which the landlord
sues for possession and the tenant raises defenses or counterclaims
including a provision for payment of rent pendente lite, for
facilitation of the hearing of the case if a jury trial is requested,
for issuance of a warrant of ejectment and for payment of the
rental judgment directly or through the magistrate’s office
with a three percent administration fee. Effective June 9, 2006.

Real
estate appraisers.Act
No. 257 (R271, H3796) amends Chapter 60,
Title 40 to conform the chapter to the statutory organizational
framework established for professional and occupational boards
in Chapter 1, Title 40 under the administration of the Dept.
of LLR and to provide for the licensure and regulation of real
estate appraisers. Effective January 1, 2008.

Real estate licensee.Act
No. 263 (R276, S46) amends § 29-5-21
to provide that, under certain conditions, a real estate licensee
who performs professional services for the owner of real estate
incident to a real estate transaction pursuant to a written agreement
has furnished labor or material for the improvement of real estate;
to provide that a prior recorded lien, as defined by this section,
has priority over the real estate licensee’s lien; and
defines prior recorded liens. Effective May 2, 2006.

Time Sharing
Transaction Procedures Act.Act
No. 310 (R361, S1243) adds Article
4 to Chapter 32 of Title 27 to enact the Act, to
further provide for the unique protections for the purchaser
of a timeshare estate in this state, to provide for the preparation
and supervision of the closing documents and the closing of a
purchase and sale of an interest in a vacation time sharing plan
and to exempt the transaction from the attorney preference requirement
in the Consumer Protection Code if the closing documents contain
a conspicuous disclosure to a party of a purchase and sale of
an interest in a vacation time sharing plan of the need to understand
his rights and obligations pursuant to the closing documents
and this article; and amends § 27-32-10 to revise the definition
of “contract.” Effective June 1, 2006.

Venue for landlord-tenant
matters and ADR for medical malpractice actions.Act
No. 354 (R402, H3700) amends § 15-7-10 to add
that all matters between landlord and tenant must be tried where
the subject matter or some part of the property is situated;
and amends § 15-79-120 to provide that, in addition to binding
arbitration, the parties also may agree to nonbinding arbitration,
early neutral evaluation or other types of ADR. Effective June
9, 2006.

Accommodations/hospitality tax.Act
No. 314 (R378, H4691) amends §§ 6-1-530 and -730 to allow
a county in which less than $900,000 a year in state accommodations
tax is collected to use not more than 25 percent of the previous
year’s local accommodations tax and hospitality tax revenues
for the operations and maintenance purposes allowed by law in
counties meeting the $900,000 threshold. Effective June 1, 2006.

Collection
of delinquent ad valorem property tax by municipalities.Act
No. 238 (R238, S490) amends § 5-7-300 to make the lien
for municipal taxes in a municipality which separately collects
property tax, a first lien on the property continuing until the
debt is discharged in full; amends § 12-51-130 to provide
that, if the tax sale of an item produces more cash than the
full amount due, the overage must be applied to any outstanding
municipal tax liens on the property; amends §§ 12-51-90
and -160 to make the tax deed incontestable 12 months after issue;
and adds Article 9, entitled Rights of Real Property Mortgagees,
to Chapter 49 or Title 12. Effective March 15, 2006.

Corporate
income taxes—10-year moratorium.Act
No. 297 (R339, H4446) adds § 12-6-3367 to allow a 10-year moratorium
on state corporate income taxes or insurance premium taxes to
a taxpayer that makes at least 90 percent of the taxpayer’s
total investment in this state and creates jobs in the moratorium
county or to allow the moratorium when that taxpayer creates
at least 100 new jobs and invests at least $150 million in a
manufacturing facility in a second county designated as distressed,
least developed or underdeveloped with the 90 percent overall
limitation applying to investment in one or both of these counties,
to provide for a 15 year moratorium, to provide that a change
in business form during the moratorium period does not affect
the moratorium and to define “taxpayer” to include
a group of affiliated taxpayers. Effective May 31, 2006.

Income tax credits for low-income housing.Act
No. 383 (R429, H4737) adds § 12-37-225 to provide that federal
or state income tax credits for low income housing may not be
considered
with respect to the valuation of real property or in determining
the fair market value of real property for property tax purposes
and to provide that, for properties that have deed restrictions
in effect that promote or provide for low income housing, the
income approach must be the method of valuation to be used. Effective
June 14, 2006, and applies to taxes to be assessed for 2006.

National
Guard income tax deduction.Act
No. 242 (R245, H3580) amends § 12-6-1140
to allow a maximum of $3,000 a year deduction from South Carolina
taxable income of an individual for members
of the state guard, if eligible under the terms of the statute.
Effective March 20, 2006, and applies to taxable years beginning
after 2005.

Personal property tax on vehicles.Act
No. 333 (R370, H4307) adds § 12-37-2645 to incorporate
by reference for property tax purposes the definition of private
passenger motor vehicle
used in the motor vehicle licensing and registration law, increase
the weight limit for pickup trucks for purposes of this definition
and include motorcycles within this incorporated definition;
and amends § 12-37-220 to exempt an antique motor vehicle
licensed with the special antique motor vehicle license allowed
by law. Effective June 2, 2006, and applies with respect to motor
vehicle tax years beginning after August 31, 2006, except that
the antique motor vehicle provisions apply to tax years beginning
after June 30, 2006.

Property taxes.Act
No. 340 (R443,
S1044) amends § 12-45-430
to provide that a county treasurer may accept a lesser amount
than the original tax bill together with any applicable penalties,
costs and charges whenever a bankruptcy proceeding authorizes
a lesser amount to be paid and to provide that the auditor, as
authorized by county council, may prepare a tax bill to authorize
negotiated taxes as a result of a bankruptcy. Effective June
10, 2006.

Property tax exemption for nonprofits.Act
No. 360 (R416, H4426) amends § 12-37-220 to provide
that, when an entity exempt from property tax as a nonprofit
corporation funded by federal
or state loans or as a religious, charitable, eleemosynary, educational
or literary organization leases property owned by it to similarly
property tax exempt entities, the leased portion of the property
is exempt from property tax. Effective June 9, 2006, and applies
to tax years beginning after 2005.

Property tax reform bill.Act
No. 388 (R417, H4449)
adds Article 11 to Chapter 36 of Title 12 to increase the state
sales
tax
by one percent; amends § 12-36-910 to provide that the sales
tax on unprepared food is three percent and to provide for fund
transfers to the Education Improvement Act Fund to offset this
reduction in sales tax on food; adds §§ 11-11-155 and
-156 to create and provide for the operation of the Homestead
Exemption Fund and provide for the transfer of the additional
one percent sales tax revenues and certain other funds into the
fund; amends § 12-37-220 to provide a 100 percent exemption
on owner-occupied homes from the property tax imposed for school
operating purposes, to provide that this exemption with certain
exceptions does not apply to property tax imposed for payment
of general obligation debt; amends §§ 11-11-150, 12-37-251
and 12-37-270 to make conforming changes to these sections to
reflect the redirection of certain state revenues as a result
of the establishment of the Homestead Exemption Fund; repeals § 12-37-223A
allowing counties to limit property tax valuation increases;
provides for a “sales tax holiday” for November 24-25,
2006, with certain exceptions; amends § 6-1-320 to revise
the limitations on millage increases and the manner in which
exceptions may be approved, computed and implemented; provides
for the manner in which referendums may be held at the same time
as the 2006 general election regarding the potential repeal of
a county’s local option sales tax; amends Title 12 by adding
Article 25 to Chapter 37, enacting the “South Carolina
Property Tax Valuation Reform Act” to provide that the
valuations of taxable value of real property do not exceed an
increase of 15 percent over a five-year period unless an assessable
transfer of interest occurs; amends § 12-43-220 to further
provide how fair market value of real property shall be determined;
amends § 6-1-50 to require submission of annual financial
reports to the State Budget and Control Board, Office of Research
and Statistics, Economic Research Section and to provide submission
and compliance criteria for these reports; amends § 12-60-2510
to allow that, in years in which there is no notice of a property
tax assessment, a taxpayer may protest the assessment value 90
days after the tax notice is mailed and to make a conforming
amendment; amends Chapter 10, Title 4 by adding Article 7 to
provide for the manner in which local option sales and use taxes
may be imposed for local property tax credits including the requirement
of a referendum; to provide that the sales tax exemptions in § 12-36-2120
shall be reviewed by the General Assembly at least by 2010 and
at least every 10 years thereafter; amends § 12-37-670 to
authorize a county governing body by ordinance to require that
a new structure be listed by the first day of the month after
the certificate of occupancy is issued for the structure and
to provide for the timing of payment of taxes due; repeals § 12-37-680
relating to a local county ordinance adopting the same rule;
amends § 12-45-75 to further provide for the manner in which
a county may provide for the payment of property taxes in installments;
amends § 11-27-110 to revise the definition of a “financing
agreement” and “refinancing agreement” to include
certain school district or political subdivision contracts; and
to provide for the manner in which the above provisions shall
take effect. Effective July 1, 2007, for one percent sales
tax increase, effective October 1, 2006, for two percent decrease
in tax on unprepared food, effective January 1, 2007, for millage
caps and local option sales tax provisions, applies to tax years
2006 and later for the a 100 percent homestead exemption and
the payment of taxes in installments, effective January 1, 2008,
for reimbursements to school districts and effective upon ratification
of a constitutional amendment for limits on valuation increases.
All other provisions effective June 10, 2006.

Retail Facilities
Revitalization Act.Act
No. 285 (R310, H3841) adds Chapter 34
to Title 6 to enact the Act, including provisions
to provide property tax credits or income tax credits for rehabilitation
expenses made to eligible sites that have been used as retail
sales or service facilities and to provide for the duration of
this chapter and its applicability to rehabilitation expenses.
Effective July 1, 2006, and applies for rehabilitation expenses
incurred for eligible sites placed in service on or after July
1, 2006.

Small business income tax.Act
No. 282 (R306, S1283)
amends § 12-6-545
to make the application of the reduced state marginal individual
income tax rate to the active trade or business income of a pass-through
business optional at the annual election of the taxpayer, to
revise definitions for this application, to revise the method
of deducting active trade or business loss when such loss exceeds
active trade or business income, to provide a “safe harbor” amount
in determining the non-personal service portion of active trade
or business income of a taxpayer in one or more pass-through
businesses with total gross income of less than $1 million and
taxable income of less than $100,000 and to authorize the Dept.
of Revenue to provide other methods of determining income deemed
unrelated to personal services. Effective May 23, 2006, and applies
for taxable years beginning after 2005.

Targeted jobs tax credit.Act
No. 389 (R304, S1175) amends §§ 12-6-3360
and 12-37-220 to revise the definition of “distribution
facility”; further amends § 12-6-3360 to provide that,
in a county of at least 1,000 square miles in size and which
has had an unemployment rate greater than the state average and
an average per capita lower than the state average per capita
income for the past 10 years and which is otherwise not eligible
for any special classification, the targeted jobs tax credit
allowed in the county is two tiers higher than the credit for
which the county would otherwise qualify; adds § 12-6-3367
to allow a small business an alternate method for claiming the
targeted jobs tax credit; and amends Act 157 of 2005 to make
permanent the provision of the targeted jobs tax credit for small
businesses. Effective June 14, 200,6 and applies to taxable years
beginning after 2005.

Asbestos
and Silica Victims Protection Act of 2006.Act
No. 303 (R323,
S1038) adds Chapter 135 to Title 44 to enact the
Act,
to provide that a prima facie showing that a qualified physician
has diagnosed the person with an asbestos-related or silica-related
disease based on the physician’s analysis of a detailed
occupational and exposure history of the person and an analysis
of the person’s medical history must be made before a trial
date is received; to establish criteria for the required medical
documentation of the exposed person’s physical impairment;
to establish that the limitations period for an exposed person
or claimant to bring an action does not begin to run until the
exposed person or claimant discovers, or should have discovered,
that the exposed person or claimant has or had physical impairment;
to clarify that this chapter does not affect the scope or operation
of any workers’ compensation law or veterans’ benefit
program; and to establish certain other requirements to file
and maintain an asbestos or silica claim. Effective May 24, 2006.

Automobile
insurance coverage.Act
No. 395 (R377, H4622) amends § 38-77-350
to provide that the form used when optional automobile insurance
coverage is offered to an insured must not necessarily be completed
by the insured, but must be signed by the insured to be used
as evidence of informed selection; amends § 38-55-75, relating
to confidentiality of information received by the Dept. of Insurance,
to refer to information received from state, federal and foreign
regulatory officials; and amends § 38-77-140 to increase
the minimum coverage requirements for policies issued or renewed
after January 1, 2007. Effective June 14, 2006.

Insurance company's
advertising policies. Act
No. 358 (R413, H4391) adds § 38-61-60
to authorize an insurance company to advertise a policy in a
foreign language, but only offer the
policy in English. Effective June 9, 2006.

Insurance
proceeds to reconstruct damaged property.Act
No. 250 (R257,
S511) amends § 27-31-250 to provide for repair or
reconstruction of damaged property governed by the Horizontal
Property Act upon the vote of 80 percent of the co-owners, or
more if required by property bylaws, and to further provide for
the distribution of insurance proceeds. Effective March 24, 2006.

Medical Examiners Board.Act
No. 385 (R387, S881) amends Articles 1
and 3, Chapter 47, Title 40 to provide for the composition
of the State Board of Medical Examiners and provide for its
powers and duties, including, inter alia, for licensing requirements
and procedures; to provide for the Medical Disciplinary Commission,
its composition, powers and duties, including, inter alia,
for procedures and penalties for disciplinary action by the
Commission; to define certain terms; to provide that osteopathic
physicians and surgeons have the same rights and privileges
as physicians and surgeons of other schools of medicine with
respect to certain circumstances; to provide for the review
of Board actions by the Administrative Law Court; and to
provide that an expert medical witness must possess a SC
medical license. Effective June 9, 2006. By order dated
August 24, 2006, the Supreme Court has temporarily delayed
judicial enforcement of Act 385 of 2006 insofar as the Act
requires a physician to obtain a license to practice medicine
in South Carolina before offering expert medical testimony
in a South Carolina administrative or court proceeding.

Motor vehicle insurance.Act
No. 315 (R380, H4889)
amends § 56-10-280
to authorize the cancellation of a contract or insurance policy
if the insured fails to pay the premium for the policy or an
installment of the premium when it is due and to provide a time
period for which the contract or policy of insurance must remain
in effect. Effective August 1, 2006.

Self-insurer may use irrevocable
letter of credit issued by certain banks to determine financial
responsibility.Act
No. 241 (R244,
H3554) amends § 56-9-60 to provide that an irrevocable letter
of credit issued by certain banks may be submitted to the DMV
in lieu of the cash deposit required to be submitted to determine
financial responsibility of a potential self-insurer and to provide
that an entity that qualifies as a self-insurer may issue certificates
of insurance for all purposes only on the vehicles registered
in the applicant’s name; amends § 58-23-1240 to mandate
that a taxi plate or a city-approved sticker must be affixed
to the rear of the taxi, to change the regulations for the appearance
of the plate and sticker and to mandate that the owner of a taxi
that qualifies as a self-insurer must issue to each operator
of the taxi a certificate of insurance which must be maintained
in the taxi while in operation. Effective March 15, 2006.

Special Purpose Financial Captive (SPFC).Act
No. 332 (R368, H3996) adds § 38-90-485 to provide that the
creation of a protected cell does not create a legal person separate
from
a Special Purpose Financial Captive (SPFC); adds § 38-90-515
to provide that securities issued by a SPFC pursuant to insurance
securitization may not be considered to be insurance or insurance
contracts; amends §§ 38-13-400, -410 and -420, all
relating to various reporting requirements, to add health maintenance
organizations to these requirements and update the sections accordingly;
amends § 38-71-880 to change the date for the applicability
of medical and surgical benefits for services furnished; amends § 38-71-1410
to establish code references for selecting a licensed administrator
instead of an administering insurer under the S.C. Small Employer
Insurer Reinsurance Program; amends §§ 38-73-220, -240,
-260 and -270 to change code references from article to chapter;
amends § 38-74-30 to further define coverage under the S.C.
Health Insurance Pool for an individual under the age of 65;
amends § 38-74-60 to provide medicare supplemental health
insurance coverage under the Pool to an individual for reasons
other than age; amends § 38-77-580 to change the composition
of the governing board of the reinsurance facility; amends §§ 38-90-40
and -50 to authorize the Director of Insurance to issue a license
to a captive insurance company if the company provides the Director
with evidence of minimum required unimpaired paid-in capital
and free surplus, respectively; amends § 38-90-100 to change
a reference from an industrial insured captive insurance company
to a captive insurance company and add a reference to a special
purpose captive insurance company; amends § 38-90-140 to
clarify on what the tax required to be paid by a captive insurance
company to the Dept. of Insurance is payable and establish a
maximum tax; amends § 38-90-175 to increase from 10 percent
to 20 percent the amount of funds the Dept. of Insurance shall
transfer into the Captive Insurance Regulatory and Supervision
Fund; amends § 38-90-420 to add and amend definitions in
relation to SPFC insurance companies; amends § 38-90-430
to add a reference to a SPFC’s protected cell; amends § 38-90-440
to change and add certain requirements of a SPFC to transact
business in South Carolina; amends § 38-90-450 to delete
the requirement that capital stock of a SPFC must be issued at
not less than par value; amends § 38-90-480 to change the
procedure for establishing protected cells by a SPFC; amends § 38-90-550
to require a statement of operations be filed if approved or
required rather than requested by the Director of Insurance if
a material change to the statement is made; amends § 38-90-570
to authorize that the Director suspend or revoke the license
of a SPFC for failure to meet the provisions of § 38-90-480(d);
amends § 38-90-600 to add additional grounds for which the
Director may petition the circuit court for an order to conserve,
rehabilitate or liquidate an SPFC; amends § 38-90-620 to
modify the standards and criteria applicable in a contested case
brought by a third party based on the decision of the Director
of Insurance involving a SPFC; amends Act 291 of 2004 to delay
the effective date of § 38-43-106(h) from May 1, 2006, to
May 1, 2010; amends § 38-75-370 to revise the period of
time in which the members of the S.C. Wind and Hail Underwriting
Association shall participate in its writings, expenses, profits
and losses in the proportion that the net direct premium of the
member written in this state; and repeals § 38-71-120 which
provides certain hospital service discounts to insurers. Effective
June 1, 2006.

Successor Asbestos-Related Liability Fairness
Act.Act
No. 280 (R303, S1163) adds Chapter 81 to Title 15 to enact
the Act, to
define certain terms related to asbestos-related claims, to
limit successor asbestos-related liabilities of a corporation
under
certain circumstances, to provide exceptions to the limitations
on successor liability and to provide a method for establishing
the fair market value of total gross assets in determining
the limitations on successor liability. Effective for claims
filed
on or after May 23, 2006.

Venue for landlord-tenant matters and ADR
for medical malpractice actions.Act
No. 354 (R402, H3700) amends § 15-7-10 to add that
all matters between landlord and tenant must be tried where
the subject matter or some part of the property is situated;
and amends § 15-79-120 to provide that, in addition to
binding arbitration, the parties also may agree to nonbinding
arbitration, early neutral evaluation or other types of ADR. Effective
June 9, 2006.

Automobile wholesaler and dealer license application.Act
No. 298 (R341, H4532) amends § 56-15-320 to increase the
amount of the surety bond an applicant for licensure as a dealer
or wholesaler must provide to the DMV and to increase the aggregate
liability of the surety for claims on each bond and the amount
of the actual loss incurred. Effective May 31, 2006.

Driver instructor permit.Act
No. 328 (R362, S1287) amends § 56-23-10 to provide that
certain persons may not conduct either the classroom or the behind
the wheel training, or both, unless he holds a driver training
school license and to provide that a person may hold a license
to teach classroom only or to teach behind the wheel training
only; amends § 56-23-40 to increase the fee and require
a licensed driver training school to obtain a corporate surety
bond; amends § 56-23-60 to provide that certain records
of activities and operations of these schools must be made available
for review by the DMV; amends § 56-23-70 to revise the number
of times the driver instructor qualifying courses must be offered
during a year; amends § 56-23-80 to increase the fee charged
for a temporary instructor permit, to provide that the DMV may
audit a temporary driver instructor’s activities and instruction
and to provide for the disposition of the proceeds from the sale
of temporary instructor permits; amends § 56-23-85 to revise
the type of training a person who holds a driver instructor permit
or a temporary driver instructor permit may offer, to provide
that private high school instructors are not required to pay
a fee for a driver instructor permit and to provide for the disposition
of the proceeds obtained from the sale of instructor permits;
and adds § 56-23-100 so as to provide that the DMV may promulgate
certain regulations. Effective January 1, 2007.

Driver’s license.Act
No. 304 (R324, S1100)
amends §§ 56-15-350, -16-180 and -19-240, relating
to the denial, suspension or revocation of a driver’s license
and an application for a certificate of title for a motor vehicle,
so as to revise a reference to a provision of federal law. Effective
May 24, 2006.

Failure to pay toll.Act
No. 267 (R287, H3735)
adds § 56-3-1335 to provide that the DMV shall suspend a
vehicle’s registration and not register or re-register
a motor vehicle that was operated when its driver failed to pay
a toll and whose owner has an outstanding judgment for failure
to pay a toll entered against him and to provide a $50 reinstatement
fee that must be used to defray the costs associated with this
section; and amends § 57-5-1495 to provide that, upon an
adjudication of liability for failure to pay a toll, the court
must mail a copy of the judgment to the vehicle’s owner
or operator, to provide that if the judgment is not satisfied
within a certain period of time, the court shall notify the DMV
of this incident which shall suspend the registration of the
vehicle that was operated when the toll was not paid and deny
the vehicle’s registration or re-registration until the
judgment is satisfied, to delete the provision that refers to
the citation as a traffic citation, to provide that a “Failure
to Pay a Toll” citation constitutes the summons and complaint
for an action to recover the toll and all applicable fees allowed
pursuant to this section and to provide that the notices that
are issued pursuant to this section must contain information
that advises a person that failure to pay a toll may result in
the suspension of a vehicle registration. Effective February
2, 2007.

Interstate 73 toll.Act
No. 228 (R221, H4422) amends § 57-3-618
to provide that the DOT may impose and collect a toll along the
proposed Interstate 73, upon its completion, to be used to pay
for the cost of planning, right-of-way acquisitions, financing,
construction, operation and other expenses associated with this
project, and for the removal of the tolls upon payment of all
such costs, and to provide that this toll must not be imposed
upon certain school busses. Effective February 6, 2006.

Jurisdiction of Pilotage Commission.Act
No. 237 (R237, S353) amends Chapter 15, Title 54 to revise the jurisdiction
of the Commissioners of Pilotage for various ports, provides
for commissioners for the upper and lower coastal areas and provides
the manner in which commissioners are selected and operate and
apprentices are licensed, trained and regulated. Effective March
17, 2006.

Mercury Switch Removal Act of 2005.Act
No. 296 (R338, H3922) adds § 44-96-185 to provide that every automobile
manufacturer that has used mercury switches any time since 1996
shall develop and bear the cost of operating, in conjunction
with DHEC, an end-of-life vehicle solutions program to advance
the efforts of vehicle recyclability and collection and disposal
of mercury switches from vehicles that are being recycled and
to provide further for the requirements of this program, including
program oversight, educational and outreach materials, mercury
switch collection containers and a collection system and reporting
requirements; to authorize the DHEC to utilize funds from the
Solid Waste Management Trust Fund and to authorize fines for
violations; and adds § 12-6-3525 to provide a $2.50 tax
credit for each mercury switch collected and submitted for disposal
and to provide that this credit may be used to reduce corporate
tax liability or corporate license fees. Effective May 31, 2006,
and applies to mercury switches removed from vehicles after December
31, 2005. The credits authorized pursuant to Section 12-6-3525
apply to taxable periods beginning after December 31, 2005.

Motorcycle handlebars.Act
No. 278 (R298, S772)
amends § 56-5-3650 to delete the provision that specifies
the size and position of a motorcycle’s handlebars. Effective
May 23, 2006.

Radar or laser jamming device.Act
No. 279 (R302,
S1133) adds § 56-5-3870 to provide that it is unlawful for
a motor vehicle to be equipped with or for the operator of a
motor vehicle to employ any device that is designed for jamming,
scrambling, neutralizing, disabling or interfering with a radar,
laser or any other electronic device used by a law enforcement
agency to measure the speed of a motor vehicle and provides a
penalty. Effective May 23, 2006.

Second Injury Fund.Rat.
No. 263 (H4474)
resolution to clarify the State Budget and Control Board’s
action taken on November 1, 2005, relating to the Second Injury
Fund’s assessment; requests that the Second Injury Fund
make due immediately and payable only 50 percent of the amount
assessed; and the Fund make due and payable the remaining 50
percent of the amount assessed only if and when the State Budget
and Control Board determines that fiscal year to date fund disbursements
project a fund balance of less than $50 million to occur before
June 30, 2006. Effective March 29, 2006.

Workers’ Compensation
Commission.Act
No. 327 (R360, S1174) amends § 42-3-25 to
eliminate the position of Executive Assistant for the Judicial
Dept. with the Workers’ Compensation
Commission; amends § 42-3-80 to change the name of the Administrative
Director of the Administrative Dept. of the Commission to the
Executive Director; and repeals § 42-3-50, relating to the
Executive Assistant for the Judicial Department. Effective June
2, 2006.

Aiken County—Voting precincts.Act
No. 247 (R252, H4526) amends § 7-7-40 to revise and rename certain
precincts in Aiken County and to redesignate a map number on
which lines of
these precincts are delineated. Effective March 15, 2006.

Anderson
County—Voting precincts.Act
No. 226 (R218, H4188)
amends § 7-7-80 to add and revise certain voting precincts
in Anderson County and to redesignate a map number for the map
on which lines of these precincts are delineated. Effective February
3, 2006.

Bamberg County—Voting precincts.Act
No. 236 (R234,
H4365) amends § 7-7-90 to delete archaic language and a
specific reference to a voting place and provide that the polling
places
for the precincts must be determined by the Bamberg County Registration
and Election Commission with the approval of a majority of the
Bamberg County Legislative Delegation. Effective February 17,
2006.

Barnwell County—Board of Election and Registration
created.Rat.
No. 236 (H4494) abolishes the Barnwell County Board
of Voter
Registration and the Barnwell County Election Commission and
replaces them with the Barnwell County Board of Election and
Registration. Effective February 22, 2006.

Beaufort County—Hilton
Head Public Service District No. 1.Rat.
No. 235 (H4385) extends
terms of the current commissioners
by one year and requires future elections to take place in even-numbered
years. Effective February 17, 2006.

Charleston County—Voting
precincts.Act
No. 225 (R212, S839) amends § 7-7-140 to
revise and rename certain voting precincts and redesignate a
map number for the map on which lines
of these precincts are delineated. Effective February 3, 2006.

Colleton County—Register of Deeds.Act
No. 299 (R347,
H5049) amends § 30-5-10 to add Colleton County to the list
of those counties that have both a Register of Deeds and a Clerk
of Court
and amends § 30-5-12 to add Colleton County to the list
of counties in which the governing body appoints the Register
of Deeds. Effective May 31, 2006.

Darlington County—Board of
Education.Rat.
No. 331 (H4912) changes the candidate filing
deadline for the Darlington County
Board of Education from September 1 to August 15 and changes
the date the first notice must be published. Effective May 24,
2006.

Dillon County—Taxes imposed for school.Rat.
No. 319 (H5065) resolution to provide that taxes imposed in Dillon County
for
school purposes for fiscal year 2005-2006 are re-imposed for
fiscal year 2006-2007. Effective May 25, 2006.

Fairfield County—Historical
Commission.Rat.
No. 255 (H4738) increases the size of the commission
from five to seven members
and revises the method of their appointment. Effective March
15, 2006.

Fairfield County—Nuclear electric generating station.Act
No. 281 (R305, S1238) amends § 58-31-200 to confirm
that new nuclear generation units are authorized at the nuclear
power
station located at Parr Shoals in Fairfield County and to allow
these units to be jointly owned by the South Carolina Public
Service Authority and privately owned electric utilities. Effective
May 23, 2006.

Florence County—School District No. 1.Rat.
No. 254 (H4666) provides that members of the Florence County
School District
No. 1 Board of Trustees must be elected at the general election
in November; provides that the terms of the members must be four
years; provides for the expiration of terms of members currently
serving; provides for filing dates; and provides that statements
of candidacy currently on file with the county election commission
for the May 2006 election must be vacated and a new filing date
set for the November 2006 election. Effective March 15, 2006.

Florence
County—School District No. 1 Board of Trustees.Rat.
No. 367 (H3740) reapportions the election districts for
the Florence County School District No. 1 Board of Trustees and
designates a map number for the map on which the lines of the
election districts for trustees are delineated. Effective June
1, 2006.

Florence County—School District No. 1 Board of
Trustees.Rat.
No. 383 (H5143) provides that members of the Board
of Trustees
of Florence School District No. 1 elected from seats three, six
and nine at the May 2006 election shall serve for terms to expire
on December 31, 2010, after their successors elected at the November
2010 election qualify and take office. Effective June 1, 2006.

Georgetown County—Hunting.Act
No. 227 (R219, H4221)
amends § 50-11-35
to provide that it is unlawful to hunt migratory waterfowl in
Georgetown County in certain portions of Murrell’s Inlet
Creek within 100 yards of a residence or business without written
permission. Effective February 7, 2006.

Greenville County—Voting
precincts.Act
No. 245 (R248, H4190) amends § 7-7-280 to
revise and rename certain voting precincts of Greenville County
and redesignates a map number
on which lines of these precincts are delineated. Effective March
15, 2006.

Greenwood County—Ninety-Six School District No.
52.Rat.
No. 308 (S1370) provides that, if the number of candidates
for
the Board of Trustees of Ninety-Six School District No. 52 is
equal to or less than the number of positions to be filled, the
county election commission shall declare those candidates elected.
Effective May 23, 2006.

Kershaw County—Voting precincts.Act
No. 265 (R281, S1246) amends § 7-7-340 to designate
a map number on which lines of the precincts are delineated and
maintained by the Office
of Research and Statistics of the State Budget and Control Board.
Effective May 2, 2006.

Lancaster County—Voting precincts.Act
No. 369 (R439, H5139) amends § 7-7-350 to add Belaire
Number 2 and Pleasant Valley Number 2 to the list of voting precincts
in Lancaster County.
Effective June 10, 2006, and applies to elections conducted after
July 15, 2006.

Lee County—School district bond property
tax relief.Rat.
No. 430 (H4758) authorizes the imposition of
a one percent sales
and use tax within Lee County for not more than five years to
pay debt service on or otherwise defray the cost of capital improvements
made by the School District of Lee County, to provide that the
tax may be imposed by ordinance of the Lee County Council, to
provide for the imposition, administration, collection and enforcement
of this tax, and to exempt from the tax food items which lawfully
may be purchased with U.S. Department of Agriculture food coupons.
Effective June 8, 2006.

Lexington County—Gilbert-Summit
Rural Community Water District.Act
277 (R297, S558) amends § 6-13-30
to provide a method for revising the number and method of appointments
for the boards
of directors of rural community water districts and repeals Act
379 of 2004, relating to the establishment of the Gilbert-Summit
Rural Community Water District in Lexington County. Effective
May 23, 2006.

Lexington County—Public Safety Officer.Rat.
No. 282 (S1352) allows public safety officers with the Lexington
County Health
Services District to receive training at the Department of Public
Safety’s Criminal Justice Academy. Effective May 10, 2006.

Lexington
County—School district property tax relief.Rat.
No. 243 (S1136) amends the Lexington County School District Property
Tax Relief Act to provide that the revenues allotted to a school
district be used to provide a non-refundable credit against the
school property tax liability on property taxable in the district
and that the liability be determined by using the appraised value
of the taxable property before the homestead exemption in § 12-37-250.
Effective March 21, 2006, and applies to property tax years beginning
January 1, 2006, and after.

Oconee County—Superintendent
of Education.Rat.
No. 320 (H5088) provides that the Oconee County
Superintendent of Education
must be elected in a nonpartisan election for a term of two years,
to provide that the legislative delegation may appoint a new
superintendent in the event of a vacancy, to provide that the
current superintendent shall continue to serve through June 30,
2007, to provide that the legislative delegation may appoint
the Superintendent if no person qualifies as a candidate, to
provide that the duties and compensation of the Superintendent
must be determined by the delegation and to provide for an advisory
referendum in Oconee County relating to whether the office of
the elected Superintendent of Education of Oconee County should
be abolished and provide for certification of referendum results
and costs. Effective May 23, 2006.

Orangeburg County—Job
tax credit.Act
No. 390 (R318, H4951) amends § 12-6-3360
to provide that, in a county of at least 1,000 square miles in
size and which has had an unemployment
rate greater than the state average and an average per capita
lower than the state average per capita income for the past 10
years and which is otherwise not eligible for any special classification,
the targeted jobs tax credit allowed in the county is two tiers
higher than the credit for which the county would otherwise qualify.
Effective June 14, 2006, and applies to taxable years beginning
after 2005.

Richland County—Recreation
Commission.Rat.
No. 382 (H5064) transfers the authority of the
governing body of the Richland
County Recreation Commission to levy ad valorem property taxes
upon all taxable property in the district for operating or capital
purposes and to issue general obligation bonds or revenue bonds
of the district to the Richland County Council. Effective June
6, 2006.

Savannah Valley—Division of Savannah Valley Development.Rat.
No. 299 (S836) allows for the purchase of notes of the Division
of Savannah Valley Development by the Division of General Services
of the State Budget and Control Board through the Insurance Reserve
Fund and the State Treasurer; establishes interest rates and
specifies term of repayment. Effective May 25, 2006.

Spartanburg
County—Commission for Technical and Community
Education.Rat
No. 220 (H4394) changes the name of the commission
and allows Spartanburg Technical College to be named Spartanburg
Community College. Effective February 15, 2006.

Spartanburg County—Pacolet
Fire District.Rat.
No. 375 (H4485) increases the borrowing authority
of the Board of Fire
Control from $20,000 to $300,000. Effective June 7, 2006.

Spartanburg
County—Voting precincts.Act
No. 272 (R294,
H4940) revises and renames certain voting precincts in Spartanburg
County and redesignates the map number on which lines of the
precincts are delineated. Effective May 2, 2006.

Sumter County—Vocational
Education School.Rat.
No. 391 (S1264) provides that beginning
July 1, 2006, and ending June
30, 2009, the Board of Trustees of the Career Center of the Vocational
Education School for Sumter County shall become an advisory board
to the Boards of Trustees of Sumter School Districts 2 and 17
and the duties, powers and functions of the Board of Trustees
of the Career Center are devolved jointly upon the Board of Trustees
of Sumter School Districts 2 and 17 during this period, to provide
for additional members of the Career Center Board during this
period and to provide that beginning July 1, 2006, the superintendents
of Sumter School Districts 2 and 17 shall together employ a director
of the center who shall serve under their direction. Effective
June 12, 2006.

York County–Commission for Technical Education.Act
No. 232 (R228, S1036) designates §§ 1, 2, 3 and 4 of Act
967 of 1962 as §§ 59-53-1310, -1320, -1330 and -1340
to be contained in Article 16, Chapter 53, Title 59, entitled “York
Commission for Technical Education” and amends § 59-53-16
so as to add a member to the Commission from Chester County and
Lancaster County, provide for their appointments and terms of
office and further provide for the powers and duties of the Commission.
Effective February 17, 2006.

York County—School District
No. 1.Rat.
No. 215 (S1023) changes the dates on which election
for members of the School
Board of Trustees of York School District 1 is conducted. Effective
February 3, 2006.

New administrative laws and procedures are addressed
in the form of regulations promulgated by state agencies and
offices. Following is a list filed in the office of Legislative
Council and processed in accordance with the provisions of Article
I, Chapter 23, Title 1, Code of Laws of South Carolina, 1976.

The texts of all regulations listed below have
been published in the volume and issue of the South Carolina
State Register noted opposite each entry and are available for
public inspection in the promulgating agency, the Legislative
Council in the State House and the Department of Archives and
History. Copies of the South Carolina State Register are also
on file in the Office of the Clerk of Court in each county. To
subscribe to the South Carolina Register, contact Lynn P. Bartlett,
Editor, Office of the Legislative Council, P.O. Box 11489, Columbia
SC 29211. (803) 734-2145.

Explanation of abbreviations opposite regulations
below
“ SR30-6” refers to South Carolina State Register Volume 30, Issue
6. Specific page numbers can be determined from the Table of Contents in each
issue.